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(the content of this thesis / monograph is an abridged study)
SOCIAL SECURITY & THE NUMBER
(taxpayer identification number)
(federal tax number)
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Probably no topic or issue can stand alone without consideration for information from other topics and issues. Therefore, for better understanding of terms and concepts used herein, other papers should be read in conjunction with this paper and others. |
SOME CLOSELY RELATED TOPICS:
1. Social Security Number
2. Rights, Benefits & Privileges
3. Federal Income Tax
This is simple and sweet.
1 There exists no law or statute whereby an individual is compelled or required to have a social security number.
2 This number is a product of the Federal Insurance Contribution Act (F.I.C.A.), commonly, albeit erroneously, called the Social Security Act. This number was issued for solely one purpose, that being an account number for recipients and depositors. The FICA was established for voluntary involvement. Such is evidenced by its name and by maxims of law.
a. Contribution: give‚ or help others
(Merriam-Webster),
To lend assistance .., or give‚ something, ..; (Black's
5th)
1. Give: To bestow upon another gratuitously or without consideration. (Black's 5th)
a. Gratuitous: voluntary; without force, fear, or favor. (Black's 5th)
b. Insurance: A contract ...; (Black's 5th)
1. Contract: An agreement between two or more [entities] ... .‚ It's essentials are competent parties, subject matter, a legal consideration, mutuality of agreement, and mutuality of obligation. (Black's 5th)
3 The law can not be used to compel a person into contract or to compel a person to do a voluntary thing, you will not be bothered with the mundane details of such a well established maxim.
4 Only the common law can be applied to the people except where specifically replaced by statute, therefore there is no …compulsion upon the citizenry for compliance to government sponsored "Social Security".
5 Hence, we have a voluntary act of entering a contract, which itself can not be compelled and is voluntary.
6 Therefore, involvement in the "Social Security" system for oneself, or for another such as a child, is wholly voluntary and is not mandatory and can not be forced or compelled.
7 Of course, this does not include all the arguments, like what the Lord God tells us to do and not do.
8 Since there is no Law, statute or such telling that it (the Law) does not exist, MANY THOUSANDS of people across this land have made written inquiries of the "social security" offices. They have conduct what can only be called a letter writing campaign.
9 In these letters, certain pointed and fishing type questions are posed. In any event, most often a response is obtained, whereby the "social security" offices tell some truth like ...
"Social Security is a voluntary system in that no one is required to
get a number"
(from Penny Payton - Claims Representative, Department of Health &
Human Services S. S. A.,
705 E 41st Street, POB 1710 Sioux Falls, South Dakota 57117, 01/10/86)
"A person with no social security number would have no taxable income"
(from Penny Payton - Claims Representative, Department of Health &
Human Services S. S. A.,
705 E 41st Street, POB 1710 Sioux Falls, South Dakota 57117 > 01/10/86)
"An individual is not compelled to have a social security number"
(from S. J. Houser - Assistant District Manager, Department of Health
& Human Services S. S. A.,
700 W Capitol rm 1425, Little Rock, Arkansas > 09/04/85)
"There is no law that requires a person to obtain a Social Security
number"
(from Marth A. McSteen - Acting Commissioner,
The Commissioner of Social Security Baltimore, Maryland 21235 > 10/28/85)
“There is nothing in the United States Constitution compelling a citizen
to have a Social Security number. ...
A person does not have to have a Social Security number. …
anyone refusing to have a number would not … have taxable income”
(from Charles J Stovall – District Manager, Social Security Administration,
Little Rock, Arkansas 72201 > 07/02/96)
“While there is no law that mandates obtaining a Social Security number,
it is important as a tool to keep record of your earnings. …
If a business or other enterprise asks you for your social security
number, you can refuse to give it to them.
Also, you may request a separate number for your driver’s license.”
(from Blanche Lincoln, Senator from Arkansas, > 07/22/2002)
10 Now this one is interesting. It is from Vincent Sanudo – Director, Office of Public Inquiries, Social Security, Baltimore, Maryland 21235 > 7/9/96. Mr. Sanudo sent a packet of topics in which topic is presented in a way that if your question is blah blah, then the answer is blah blah. Under the section headed by “Some Facts About the Use of Social Security Numbers” they answer –
“The social Security Act does not require an individual to have a Social
Security number (SSN)
to live and work in the United States, nor does it require an SSN simply
for the purpose of having one.
However, if an individual works without an SSN, we cannot properly
credit the earnings for the work performed.”
It concludes with –
“We do not have the authority to require an employer
to provide or deny employment or services
to anyone who refuses to disclose his or her number.
This is a matter between the individual and the employer.”
11 A chancery court judge in Arkansas, Joyce Warren, called such things as “trappings of society”. Look of the word “trappings”.
12 AGAIN - There exists no law or statute whereby an individual is compelled or required to have a social security number.
13 The following are reproductions
of parts of some letters sent to and received from the SSA.
EXERPT 1
EXERPT 2
EXERPT 3
>>>> this is not legal advice. if you want legal advice, get an attorney or accountant (for all the good it will do you)<<<<
June 1998
revisedJanuary 2001
revised July 2002
revised January 2004
mailto: lawandrights@tellme1st.net