From: Due Process DUE PROCESS NEWSLETTER Volume 2, Issue 1 April 11, 1999. This newsletter is archived at http://dueprocess.org/newsletter_index.html for your convenience. ************************************************************** 4. Withholding Terminated ************************************************************** A subscriber recently retained us to correspond with his company and arrange to have his withholding agreement terminated. We have won this case on several previous occasions, but this is the first time we have had predictable results which can be easily replicated. The attorney's first response was to pretend not to understand the nature of the notice and defer the issue to ADP claiming that their computer system could not accommodate any changes beyond resubmitting another withholding agreement on Form W-4. We make it a point not to argue with companies over this issue and merely give them notices only as required by law. We then sent a final notice explaining that our first notice was very clearly stated and should have been understood, implying that the attorney was creating a liability for the company. We also explained that a suit for injunctive relief would be brought within the next several weeks. Our client then had a brief telephone discussion of the matter with the attorney. The attorney agreed that the company would stop withholding of all taxes except the social security tax. We will allow this to take place and then sue for the balance after four to five weeks. This will bar any defenses they might raise about having a legal duty to withhold because they have acquiesced. We never discuss the merits of whether or not our clients owe any taxes on income, just that the company is required to terminate withholding according to 26 CFR 31.3402(p). A sample of the type of correspondence we use appears on this page: http://dueprocess.org/W4_termination.html. We encourage you to seek the professional assistance of a third party to correspond on you behalf. You will want to be careful that the third party avoids the appearance of giving legal advice. ************************************************************* Please tell a friend how to subscribe: ************************************************************* To subscribe or unsubscribe to the Due Process Newsletter visit our website and follow the "free newsletter" link. Best regards, j.gliha http://dueprocess.org Practice disobedience and boycotting to oppose government propaganda, surveillance and taxation schemes which violate the natural rights of man and destroy the wealth of our nation which can only be rightfully inherited by our posterity.