Have you woken up to the fact that “nothing of this world is as it appears”?!!!!
The great “money” myth deciphered in the “Money Talk Class” on Lawful Living Community!! The information we never learned in school shared here:
It is up to us to recognize how we have been deceived!!
Are you willing to recognize how we have all been deceived and enticed into participating in the fraud?
Can you find where the following symbols are defined “in Law” and or “by Law”:
What will it take to break free from the trance and put our feet on and in the real world?
“Currency” an interesting topic. When will people open their eyes, they ears, and their mind to the fact(s) at hand:
- putting a monetary value on the earth’s resources or someone’s time is fraud
- the “mortgage broker” is selling “business opportunities”, the land is not “theirs” to sell, never was and never will be
#Money 31 U.S. Code § 3302 – Custodians of money
#money creates the #illusionofvalue yet has #nointrinsicvalue.
The following video is entertaining.
Do we really know the truth about earths history and our place in the “story”?
What is real?
Who be your “daddy”?
**a #measure of what an asset is worth
**#calculation or #complex financial model
**refering to #fundamentalobjective value contained in an object, asset, or #financial contract
**an essential #nature of a things, or #constitution
**inherent [in*he*rent] belonging soley to
**existing as an essential #constituent or characteristic
**#intrinsic, situated within; strongly lodged or #incorporated
**being part of the innermost #nature of a #person or thing…
my interpretation after reading defined terms from the dictionary of the English Language, 5th ed and Wikipedia” iamiam
Jaime Craig Wilkinson wrote the following information on Facebook in the “Friends In Law” group [https://www.facebook.com/groups/536331853577802/posts/980216122522704]:
” More tax insight which is very important when dealing with the fraudFurthermore, the Supreme Court has established that where the enforcement authority of the laws in the Internal Revenue Code (Title 26) is dependent upon the regulations promulgated by the Secretary, they must be published in the Federal Register: “we think it is important to note that the Act’s civil and criminal penalties attach only upon violation of regulations promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone.” California Bankers Assn. v. Schultz, 416 U.S. 21,26 (1974) (emphasis added)
Without published regulations (where regulations are statutorily required) there is no legitimate legal enforcement authority held by the IRS. Now, the Code of Federal Regulations (CFR), Index and Finding Aids – Parallel Table of Authorities shows the location (statutory association) of the published regulations. All regulations with general applicability to the American public must be published in the Federal Register under their authorizing Title and Part. The statutes applicable to assessment, collection and enforcement laws in Title 26 (I.R. Code), and their STATUTORY APPLICABILITY are shown as follows: in that table: PUBLISHED REGULATIONS Section Published Regulation in: Description =========================================== 6020 27 CFR Part 53,70 Return Prepared by Sec.
6201 27 CFR Part 70 Assessment Authority
6203 27 CFR Part 70 Method of Assessment
6212 NO REGULATION Notice of Deficiency
6213 NO REGULATION …Petition To Tax Court
6214 NO REGULATION Determinations By Tax Court
6215 NO REGULATION Assessment … By Tax Court
6301 27 Part 70,24,25,250,270,275 Collection Authority
6303 27 Part 70 Notice & Demand For Tax
6321 27 Part 70 Liens For Tax
6331-43 27 Part 70 Levy and Distraint
6651 27 Part 70,24,25,194 Failure to File or Pay
6671 27 Part 70 Penalty Assessed
6672 27 Part 70 Failure to Collect and Pay Over
6701 27 Part 70 Penalties For Understatement
7201 NO REGULATION Attempt to Evade or Defeat
7203 NO REGULATION Willful Failure to File…
7207 27 Part 70 Fraudulent Returns
7212 27 Part 170,270,275,285,290,295,296 Interference w/ I.R. Laws
7401 27 Part 70 Judicial Proceedings Authority
7402 NO REGULATION Court’s Jurisdiction to Enforce
7403 27 Part 70 Judicial Action To Enforce Lien
7454 NO REGULATION Burden of Proof … Transferee Cases
7601 27 Part 70 Canvass of District….
7602 27 Part 70,170,296 Examination of Books ….
7603 27 Part 70 Service of Summons
7604 27 Part 70 Enforcement of Summons
7605 27 Part 70 Time & Place For Examination
7608 27 Part 70,170,296 Authority of Enforcement Officers
As you can see NONE of the published implementing regulations are associated with Title 26, and THERE ARE NO REGULATIONS AT ALL PUBLISHED FOR 6212 – Deficiencies, 6213, 6214, 6215 – Tax Court, 7201, 7203 – Evasion & Willful failure penalties, 7402 Jurisdiction to enforce. Which of course means that they appear to only apply to federal employees (transferees) who must return income to the Treasury as part of their employment agreement (under 4 USC 111) and Foreigners in America under government control. all of the published authorities are for Title 27 Alcohol, Tobacco & Firearms. they do not and cannot apply anywhere else until published in the Federal Register under Title 26 as being applicable to all Citizens, under Title 26.
This is confirmed at 26 C.F.R. 601.702., where it addresses and specifies the consequences of a failure to publish in the Federal Register. It states therein: “(ii) Except to the extent that a person has actual and timely notice of the terms of any matter referred to in subparagraph (1) of this paragraph which is required to be published in the Federal Register, such person is not required in any matter to resort to, or be adversely affected by, such matter if it is not so published or is not incorporated by reference therein pursuant to subdivision (1) of this subparagraph. Thus, for example, any such matter which imposes an obligation and which is not so published or incorporated by reference will not adversely change or affect a person’s rights.”
And finally from the Supreme Court on this issue: “Failure to adhere to agency regulations may amount to denial of due process: if regulations are required by Constitution or statute.” [Curley v. United States, 791 F. Supp. 52] “for federal tax purposes, federal regulations govern.” [Dodd v. United States, 223 F Supp 785, Lyeth v. Hoey, 305 US 186,, 59 S. Ct 155] “…these regulations called for by the statute itself, have the force of law, and violations thereof incur criminal prosecutions, just as if all the details had been incorporated into the congressional language.
The result is that neither the statute nor the regulations are complete without the other, and only together do they have any force. In effect, therefore, the construction of one necessarily involves the construction of the other.” [United States v. Mersky 361 U.S. 438]”.
26 U.S. Code § 61 – Gross income defined
Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items:
(1)Compensation for services, including fees, commissions, fringe benefits, and similar items;
(2)Gross income derived from business;
(3)Gains derived from dealings in property;
(9)Income from life insurance and endowment contracts;
(11)Income from discharge of indebtedness;
(12)Distributive share of partnership gross income;
(13)Income in respect of a decedent; and
(14)Income from an interest in an estate or trust.
For items specifically included in gross income, see part II (sec. 71 and following). For items specifically excluded from gross income, see part III (sec. 101 and following).
(Aug. 16, 1954, ch. 736, 68A Stat. 17; Pub. L. 98–369, div. A, title V, § 531(c), July 18, 1984, 98 Stat. 884; Pub. L. 115–97, title I, § 11051(b)(1)(A), Dec. 22, 2017, 131 Stat. 2089.)
We are enticed to register with the government and our business becomes public interest!! it is up to us to revoke our participation!!
We are not a corporation!!
We are not a taxpayer! Have been bamboozled, hoodwinked, into be-lie-ing that we are “taxpayers’ and that voting is going to make a difference
The only thing that is going to make a difference is when we are willing to open our eyes to the facts of the matter and realize the reality of things. Some of us have been living in reality for a while and now people are going to be facing what they have been ignoring. Know that we are here for you!!
26 CFR § 1.1411-1 – General rules.
§ 1.1411-1 General rules.
(a) General rule. Except as otherwise provided, all Internal Revenue Code (Code) provisions that apply for chapter 1 purposes in determining taxable income (as defined in section 63(a)) of a taxpayer also apply in determining the tax imposed by section 1411.
(b) Adjusted gross income. All references to an individual’s adjusted gross income are treated as references to adjusted gross income as defined in section 62, and all references to an estate’s or trust’s adjusted gross income are treated as references to adjusted gross income as defined in section 67(e). However, there may be additional adjustments to adjusted gross income because of investments in controlled foreign corporations (CFCs) or passive foreign investment companies (PFICs). See § 1.1411-10(e).
(c) Effect of section 1411 and the regulations thereunder for other purposes. The inclusion or exclusion of items of income, gain, loss, or deduction in determining net investment income for purposes of section 1411, and the assignment of items of income, gain, loss, or deduction to a particular category of net investment income under section 1411(c)(1)(A), does not affect the treatment of any item of income, gain, loss, or deduction under any provision of the Code other than section 1411.
(d) Definitions. The following definitions apply for purposes of calculating net investment income under section 1411 and the regulations thereunder –
(1) The term gross income from annuities under section 1411(c)(1)(A) includes the amount received as an annuity under an annuity, endowment, or life insurance contract that is includible in gross income as a result of the application of section 72(a) and section 72(b), and an amount not received as an annuity under an annuity contract that is includible in gross income under section 72(e). In the case of a sale of an annuity, to the extent the sales price of the annuity does not exceed its surrender value, the gain recognized would be treated as gross income from an annuity within the meaning of section 1411(c)(1)(A)(i) and § 1.1411-4(a)(1)(i). However, if the sales price of the annuity exceeds its surrender value, the seller would treat the gain equal to the difference between the basis in the annuity and the surrender value as gross income from an annuity described in section 1411(c)(1)(A)(i) and § 1.1411-4(a)(1)(i) and the excess of the sales price over the surrender value as gain from the disposition of property included in section 1411(c)(1)(A)(iii) and § 1.1411-4(a)(1)(iii). The term gross income from annuities does not include amounts paid in consideration for services rendered. For example, distributions from a foreign retirement plan that are paid in the form of an annuity and include investment income that was earned by the retirement plan does not constitute income from an annuity within the meaning of section 1411(c)(1)(A)(i).
(2) The term controlled foreign corporation (CFC) is as defined in section 953(c)(1)(😎 or 957(a).
(3) The term gross income from dividends includes any item treated as a dividend for purposes of chapter 1. See also § 1.1411-10 for additional amounts that constitute gross income from dividends. The term gross income from dividends includes, but is not limited to, amounts treated as dividends –
(i) Pursuant to subchapter C that are included in gross income (including constructive dividends);
(ii) Pursuant to section 1248(a), other than as provided in § 1.1411-10;
(iii) Pursuant to § 1.367(b)-2(e)(2);
(iv) Pursuant to section 1368(c)(2); and
(v) Substitute dividends that represent payments made to the transferor of a security in a securities lending transaction or a sale-repurchase transaction.
(4) The term excluded income means:
(i) Items of income excluded from gross income in chapter 1. For example, interest on state and local bonds excluded from gross income under section 103 and gain from the sale of a principal residence excluded from gross income under section 121.
(ii) Items of income not included in net investment income, as determined under §§ 1.1411-4 and 1.1411-10. For example, wages, unemployment compensation, Alaska Permanent Fund Dividends, alimony, and Social Security Benefits.
(iii) Items of gross income and net gain specifically excluded by section 1411, the regulations thereunder, or other guidance published in the Internal Revenue Bulletin. For example, gains from the disposition of property used in a trade of business not described in section 1411(c)(2) under § 1.1411-4(d)(4)(i), distributions from certain Qualified Plans described in section 1411(c)(5) and § 1.1411-8, income taken into account in determining self-employment income that is subject to tax under section 1401(b) described in section 1411(c)(6) and § 1.1411-9, and section 951(a) inclusions from a CFC for which a § 1.1411-10(g) election is not in effect.
(5) The term individual means any natural person.
(6) The term gross income from interest includes any item treated as interest income for purposes of chapter 1 and substitute interest that represents payments made to the transferor of a security in a securities lending transaction or a sale-repurchase transaction.
(7) The term married and married taxpayer has the same meaning as in section 7703.
(😎 The term net investment income (NII) means net investment income as defined in section 1411(c) and § 1.1411-4, as adjusted pursuant to the rules described in § 1.1411-10(c).
(9) The term passive foreign investment company (PFIC) is as defined in section 1297(a).
(10) The term gross income from rents includes amounts paid or to be paid principally for the use of (or the right to use) tangible property.
(11) The term gross income from royalties includes amounts received from mineral, oil, and gas royalties, and amounts received for the privilege of using patents, copyrights, secret processes and formulas, goodwill, trademarks, tradebrands, franchises, and other like property.
(12) The term trade or business refers to a trade or business within the meaning of section 162.[we should stop registering our “private” business with the government]
(13) The term United States person is as defined in section 7701(a)(30).
(14) The term United States shareholder is as defined in section 951(b).
(e) Disallowance of certain credits against the section 1411 tax. Amounts that may be credited against only the tax imposed by chapter 1 of the Code may not be credited against the section 1411 tax imposed by chapter 2A of the Code unless specifically provided in the Code. For example, the foreign income, war profits, and excess profits taxes that are allowed as a foreign tax credit by section 27(a), section 642(a), and section 901, respectively, are not allowed as a credit against the section 1411 tax.
(f) Application to taxable years beginning before January 1, 2014 –
(1) Retroactive application of regulations. Taxpayers that are subject to section 1411, and any other taxpayer to which these regulations may apply (such as partnerships and S corporations), may apply §§ 1.1411-1 through 1.1411-10 (including the ability to make any election(s) contained therein) in any taxable year that begins after December 31, 2012, but before January 1, 2014, for which the period of limitation under section 6501 has not expired.
(2) Reliance and transitional rules. For taxable years beginning before January 1, 2014, the Internal Revenue Service will not challenge a taxpayer’s computation of tax under section 1411 if the taxpayer has made a reasonable, good faith effort to comply with the requirements of section 1411. For example, a taxpayer’s compliance with the provisions of the proposed and final regulations under section 1411 (REG-130507-11 or REG-130843-13), generally, will be considered a reasonable, good faith effort to comply with the requirements of section 1411 if reliance on such regulation projects under section 1411 are applied in their entirety, and the taxpayer makes reasonable adjustments to ensure that their section 1411 tax liability in the taxable years beginning after December 31, 2013, is not inappropriately distorted by the positions taken in taxable years beginning after December 31, 2012, but before January 1, 2014. A similar rule applies to any other taxpayer to which these regulations may apply (such as partnerships and S corporations).
(g) Effective/applicability date. This section applies to taxable years beginning after December 31, 2013. However, taxpayers may apply this section to taxable years beginning after December 31, 2012, in accordance with paragraph (f) of this section
[T.D. 9644, 78 FR 72424, Dec. 2, 2013]
31 U.S. Code § 333 – Prohibition of misuse of Department of the Treasury names, #symbols, etc.
(a) General Rule.—No person may use, in connection with, or as a part of, any advertisement, solicitation, #businessactivity, or product, whether alone or with other words, letters, symbols, or emblems—
(6) any colorable imitation of any such words, titles, abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or construed as conveying the false impression that such advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with, the Department of the Treasury…
[Is the use of the alleged #dollar #dollhair symbol for the collection of a debt considered: “colorable imitation that could be reasonable construed as conveying a false impression that such business activity is associated with the Department of Treasury…” ? Especially when it’s a bill of attainder/citation given by a re-venue officer/policy officer and other debt collectors??]
“If one is still using the term “pay” when referring to federal reserve notes or the federal reserve system, one clearly doesn’t know what “money” is in their system! #PromisetoPay #MoneyTalk” Makika Dulce
Everyone should read the information shared on the following PDF: https://spoonfedtruth.ucoz.com/WrongPartyNoticeforIRS.pdf
Office of the Inspector General: Report #Fraudwasteabuse Form: https://secure.ssa.gov/pfrf/home
“How about Fraudulent #interstate transactions” Trinity .
Studying what @El Hotepsekhemwy Pero posted about #PublicContracts !! #Tile41
TITLE 41—PUBLIC CONTRACTS
“(4) #UNITEDSTATES.—The term ‘‘United States’’—
(A) includes any #State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, the outer Continental Shelf as defined in the #OuterContinentalShelfLandsAct ( #Title43 U.S.C. § 1331 et seq.), American Samoa, Guam, Wake Island, and Johnston Island; but
(B) does not include any other #territory under the #jurisdiction of the United States or any United States base or possession within a foreign country…
§ 6703. Required contract terms
A #contract, and bid specification for a contract, to which this chapter applies under section 6702 of this title shall contain the following terms: (1) #MINIMUMWAGE. —The contract and bid specification shall contain a provision specify.
§ 6703ing the minimum wage to be paid to each classof service #employee engaged in the performance of the contract or any subcontract, as determined by the Secretary or the Secretary’s authorized representative, in accordance with prevailing rates in the locality, or, where a #collectivebargaining #agreement covers the service employees, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement as a result of arm’s length negotiations.
“PAY ATTENTION – Money Laundering at a new level – Clean up your ACT”!!! El Hotepsekhemwy Pero
“The Presidency of #TheodoreRoosevelt started on September 14, 1901, when Theodore Roosevelt became the 26th President of the United States upon the #assassination of President William McKinley, and ended on March 4, 1909. Roosevelt had been the Vice President of the United States for only 194 days when he succeeded to the presidency. A Republican, he ran for and won by a landslide a four-year term as president in 1904. He was succeeded by his protégé and chosen successor, #WilliamHowardTaft.
A Progressive reformer, #Roosevelt earned a reputation as a “trust buster” through his regulatory reforms and antitrust prosecutions. His presidency saw the passage of the Pure Food and Drug Act, which established the Food and Drug Administration (#FDA] to regulate food safety, and the #HepburnAct, which increased the regulatory power of the #InterstateCommerceCommission. Roosevelt took care, however, to show that he did not disagree with trusts and capitalism in principle, but was only against monopolistic practices. His ” #SquareDeal” included regulation of #railroad rates and pure foods and drugs; he saw it as a fair deal for both the average citizen and the businessmen. Sympathetic to both business and labor, Roosevelt avoided labor strife, most notably negotiating a settlement to the great Coal Strike of 1902. He vigorously promoted the conservation movement, emphasizing efficient use of natural resources. He dramatically expanded the system of #nationalparks and #nationalforests. After 1906, he moved to the left, attacking big business, proposing a welfare state, and supporting labor unions”. MalikaDulce https://en.wikipedia.org/wiki/Presidency_of_Theodore_Roosevelt
#starthere #freefood #prepaidgoods
“#Prepaid #prepaid4life #PaidByFaith with an #emergency they never cancelled but expanded upon instead!
“SEC. 4. (a) Out of the funds of the #ReconstructionFinanceCorporation [#RFC] made available by this Act, the Administrator is authorized to make grants to the several States to aid in meeting the costs of furnishing #relief and work relief and in relieving the hardship and suffering caused by unemployment in the form of #money, #service, #materials, and/or #commodities to provide the #necessitiesoflife to persons in need as a result of the present #emergency, and/or to their dependents, whether #resident, #transient, or #homeless.
… Provided, That the Administrator may certify out of the funds made available by this subsection additional grants to States applying therefor to aid needy persons who have no #legal settlement in any one State or community, and to aid in assisting cooperative and self-help associations for the #barter of #goods and #services.
58 73d CONGRESS. SESS. I. CHS. 30-32. MAY 12, 18, 1933. #Disbursements
SEC. 6. The Administrator upon approving a grant to any State shall so certify to the Reconstruction Finance Corporation which shall, except upon revocation of a certificate by the Administrator, make payments without delay to the State in such amounts and at such times as may be prescribed in the certificate. The Governor of each State receiving grants under this Act shall file monthly with the Administrator, and in the form required by him, a report of the disbursements made under such grants.
As used in the foregoing provisions of this Act, the term ” #State” shall include the District of Columbia, Alaska, Hawaii,the Virgin Islands, and Puerto Rico; and the term “Governor”shall include the Commissioners of the District of Columbia.
SEC. 8. This Act may be cited as the ” Federal Emergency Relief Act of 1933.” Approved, May 12,
FERA’s main goal was to alleviate household unemployment by creating new unskilled jobs in local and state government. Jobs were more expensive than direct cash payments (called “the dole”), but were psychologically more beneficial to the unemployed, who wanted any sort of job, for self-esteem. From May 1933 until it closed in December 1935, FERA gave states and localities $3.1 billion (the equivalent of $55.4 billion in 2017). FERA provided work for over 20 million people and developed facilities on public lands across the country.
Faced with continued high unemployment and concerns for public welfare during the coming winter of 1933–34, FERA instituted the Civil Works Administration (CWA) as a $400 million short-term measure to get people to work. **The Federal Emergency Relief Administration was shut down in 1935** and its work taken over by two completely new federal agencies, the Works Progress Administration and the #SocialSecurityAdministration. https://en.wikipedia.org/wiki/Federal_Emergency_Relief_Administration
The #FederalSurplusCommodities Corporation was one of the so-called alphabet agencies set up in the United States during the 1930s as part of President Franklin D. Roosevelt’s #NewDeal. Created in 1933 as the Federal Surplus Relief Corporation, its name was changed by charter amendment on November 18, 1935. In 1937 its administration was placed within the United States Department of #Agriculture. In 1940 it was combined with other #USDA initiatives to form the Surplus Marketing Administration. It was abolished February 23, 1942, with the creation of the #AgriculturalMarketingAdministration.
The purpose of the agency was to divert agricultural commodities from the open market, where prices were depressed by surplus farm products, to destitute families.
As of 2012, the Federal purchase and distribution of surplus food still continues, now under the auspices of the #EmergencyFoodAssistance Program. https://en.wikipedia.org/wiki/Federal_Surplus_Commodities_Corporation
The #EmergencyBankingAct (#EBA) (the official title of which was the Emergency Banking Relief Act), Public Law 73-1, 48 Stat. 1 (March 9, 1933), was an act passed by the United States Congress in March 1933 in an attempt to stabilize the banking system.
Beginning on February 14, 1933, #Michigan, an industrial state that had been hit particularly hard by the #GreatDepression in the United States, declared a four-day bank holiday. Fears of other bank closures spread from state to state as people rushed to withdraw their deposits while they still could do so. Within weeks, all other states held their own bank holidays in an attempt to stem the bank runs, with #Delaware becoming the 48th and last state to close its banks March 4.” MalikaDulce
“This is what I’ve spoken about many times… The Reconstruction Acts are not valid so how can that which finances them be valid…?
I’ll find it again if I must bust Congress still has it in record…
They keep “expanding” — On what…? Nothing…? lol…” El Hotepsekhemwy Pero
“#prepaidgoods [CHAPTER 30.] AN #ACT May 1, 1933 [H.R. 4606 enacted May 12 1933 P.L. 15] To provide for cooperation by the #FederalGovernment with the several #States and Territories and the District of Columbia in #relieving the hardship and #suffering caused by #unemployment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress #FederalEmergency hereby declares that the present economic #depression has created a serious #emergency, due to widespread unemployment and increasing in adequacy of State and local #relieffunds, resulting in the existing or threatened #deprivation of a considerable number of families and individuals of the #necessitiesoflife, and making it imperative that Cooperation with #States, etc., in relieving the Federal Government cooperate more effectively with the several States and #Territories and the #DistrictofColumbia in furnishing relief to their needy and distressed people.
[So the government made a deal to provide services in exchange for the emergency they caused and declared!?]
A Gallup poll printed in the Washington Post revealed that a majority of the American public opposed the AAA. In 1936, the Supreme Court declared the AAA to be unconstitutional, stating that “a statutory plan to regulate and control agricultural production, [is] a matter beyond the powers delegated to the federal government”. The AAA was replaced by a similar program that did win Court approval. Instead of paying farmers for letting fields lie barren, this program subsidized them for planting soil-enriching crops such as alfalfa that would not be sold on the market. #Federalregulation of #agriculturalproduction has been modified many times since then, but together with large #subsidies is still in effect today.
The #FarmTenancyAct in 1937 was the last major New Deal legislation that concerned farming. It created the #FarmSecurityAdministration (FSA), which replaced the Resettlement Administration.
The #FoodStampPlan—a major new welfare program for urban poor—was established in 1939 to provide stamps to poor people who could use them to purchase food at retail outlets. The program ended during #wartime prosperity in 1943 but was restored in 1961. It survived into the 21st century with little controversy because it was seen to #benefit the urban poor, food producers, grocers, and wholesalers as well as farmers, thus it gained support from both liberal and conservative Congressmen. In 2013, #TeaParty activists in the #House nonetheless tried to end the program, now known as the Supplemental Nutrition Assistance Program [#SNAP] , while the #Senate fought to preserve it”. MalikaDulce
28 U.S. Code § 1346 – United States as defendant
(a)The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:
(1)Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;
(2)Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections
7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.(b)(1)Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.
(2)No person convicted of a felony who is incarcerated while awaiting sentencing or while serving a sentence may bring a civil action against the United States or an agency, officer, or employee of the Government, for mental or emotional injury suffered while in custody without a prior showing of physical injury or the commission of a sexual act (as defined in section 2246 of title 18).
(c)The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.
(d)The district courts shall not have jurisdiction under this section of any civil action or claim for a pension.
(e)The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986.
(f)The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.
(g)Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title.
(June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch. 139, § 80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, § 50(b), 65 Stat. 727; July 30, 1954, ch. 648, § 1, 68 Stat. 589; Pub. L. 85–508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 88–519, Aug. 30, 1964, 78 Stat. 699; Pub. L. 89–719, title II, § 202(a), Nov. 2, 1966, 80 Stat. 1148; Pub. L. 91–350, § 1(a), July 23, 1970, 84 Stat. 449; Pub. L. 92–562, § 1, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 94–455, title XII, § 1204(c)(1), title XIII, § 1306(b)(7), Oct. 4, 1976, 90 Stat. 1697, 1719; Pub. L. 95–563, § 14(a), Nov. 1, 1978, 92 Stat. 2389; Pub. L. 97–164, title I, § 129, Apr. 2, 1982, 96 Stat. 39; Pub. L. 97–248, title IV, § 402(c)(17), Sept. 3, 1982, 96 Stat. 669; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 806], Apr. 26, 1996, 110 Stat. 1321, 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 104–331, § 3(b)(1), Oct. 26, 1996, 110 Stat. 4069; Pub. L. 111–350, § 5(g)(6), Jan. 4, 2011, 124 Stat. 3848; Pub. L. 113–4, title XI, § 1101(b), Mar. 7, 2013, 127 Stat. 134.)
Rule 17 – Plaintiff and Defendant; Capacity; Public Officers(a) REAL PARTY IN INTEREST.(1)Designation in General. An action must be prosecuted in the name of the real party in interest. The following may sue in their own names without joining the person for whose benefit the action is brought:
(A) an executor;
(B) an administrator;
(C) a guardian;
(D) a bailee;
(E) a trustee of an express trust;
(F) a party with whom or in whose name a contract has been made for another’s benefit; and(G) a party authorized by statute.(2)Action in the Name of the United States for Another’s Use or Benefit. When a federal statute so provides, an action for another’s use or benefit must be brought in the name of the United States.(3)Joinder of the Real Party in Interest. The court may not dismiss an action for failure to prosecute in the name of the real party in interest until, after an objection, a reasonable time has been allowed for the real party in interest to ratify, join, or be substituted into the action. After ratification, joinder, or substitution, the action proceeds as if it had been originally commenced by the real party in interest.(b) CAPACITY TO SUE OR BE SUED. Capacity to sue or be sued is determined as follows:(1) for an individual who is not acting in a representative capacity, by the law of the individual’s domicile;(2) for a corporation, by the law under which it was organized; and(3) for all other parties, by the law of the state where the court is located, except that:(A) a partnership or other unincorporated association with no such capacity under that state’s law may sue or be sued in its common name to enforce a substantive right existing under the United States Constitution or laws; and(B) 28 U.S.C. §§ 754 and 959(a) govern the capacity of a receiver appointed by a United States court to sue or be sued in a United States court.(c) MINOR OR INCOMPETENT PERSON.(1)With a Representative. The following representatives may sue or defend on behalf of a minor or an incompetent person
:(A) a general guardian;
(B) a committee;
(C) a conservator; or
(D) a like fiduciary.
(2)Without a Representative. A minor or an incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court must appoint a guardian ad litem-or issue another appropriate order-to protect a minor or incompetent person who is unrepresented in an action.
(d) PUBLIC OFFICER’S TITLE AND NAME. A public officer who sues or is sued in an official capacity may be designated by official title rather than by name, but the court may order that the officer’s name be added.
28 APPENDIX U.S.C. § 17As amended Dec. 27, 1946, eff. Mar. 19, 1948; Dec. 29, 1948, eff. Oct. 20, 1949; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 25, 1988, eff. Aug. 1, 1988; Pub. L. 100-690, title VII, §7049, Nov. 18, 1988, 102 Stat. 4401; Apr. 30, 2007, eff. Dec. 1, 2007.
NOTES OF ADVISORY COMMITTEE ON RULES-1937
Note to Subdivision (a). The real party in interest provision, except for the last clause which is new, is taken verbatim from [former] Equity Rule 37 (Parties Generally-Intervention), except that the word “expressly” has been omitted. For similar provisions see N.Y.C.P.A. (1937) §210; Wyo.Rev.Stat.Ann. (1931) §§89-501, 89-502, 89-503; English Rules Under the Judicature Act (The Annual Practice, 1937) O. 16, r. 8. See also Equity Rule 41 (Suit to Execute Trusts of Will-Heir as Party). For examples of statutes of the United States providing particularly for an action for the use or benefit of another in the name of the United States, see U.S.C., [former] Title 40, §270b (Suit by persons furnishing labor and material for work on public building contracts * * * may sue on a payment bond, “in the name of the United States for the use of the person suing”) [now 40 U.S.C. § 3133(b), (c) ]; and U.S.C., Title 25, §201 (Penalties under laws relating to Indians-how recovered). Compare U.S.C., Title 26, [former] §1645(c) (Suits for penalties, fines, and forfeitures, under this title, where not otherwise provided for, to be in name of United States).Note to Subdivision (b). For capacity see generally Clark and Moore, A New Federal Civil Procedure-II. Pleadings and Parties, 44 Yale L.J. 1291, 1312-1317 (1935) and specifically Coppedge v. Clinton, 72 F.(2d) 531 (C.C.A.10th, 1934) (natural person); David Lupton’s Sons Co. v. Automobile Club of America, 225 U.S. 489 (1912) (corporation); Puerto Rico v. Russell & Co., 288 U.S. 476 (1933) (unincorporated ass’n.); United Mine Workers of America v. Coronado Coal Co., 259 U.S. 344 (1922) (federal substantive right enforced against unincorporated association by suit against the association in its common name without naming all its members as parties). This rule follows the existing law as to such associations, as declared in the case last cited above. Compare Moffat Tunnel League v. United States, 289 U.S. 113 (1933). See note to Rule 23, clause (1).Note to Subdivision (c). The provision for infants and incompetent persons is substantially [former] Equity Rule 70 (Suits by or Against Incompetents) with slight additions. Compare the more detailed English provisions, English Rules Under the Judicature Act (The Annual Practice, 1937) O. 16, r.r. 16-21.
NOTES OF ADVISORY COMMITTEE ON RULES-1946 AMENDMENTThe new matter [in subdivision (b)] makes clear the controlling character of Rule 66 regarding suits by or against a federal receiver in a federal court.
NOTES OF ADVISORY COMMITTEE ON RULES-1948 AMENDMENTSince the statute states the capacity of a federal receiver to sue or be sued, a repetitive statement in the rule is confusing and undesirable.
NOTES OF ADVISORY COMMITTEE ON RULES-1966 AMENDMENTThe minor change in the text of the rule is designed to make it clear that the specific instances enumerated are not exceptions to, but illustrations of, the rule. These illustrations, of course, carry no negative implication to the effect that there are not other instances of recognition as the real party in interest of one whose standing as such may be in doubt. The enumeration is simply of cases in which there might be substantial doubt as to the issue but for the specific enumeration. There are other potentially arguable cases that are not excluded by the enumeration. For example, the enumeration states that the promisee in a contract for the benefit of a third party may sue as real party in interest; it does not say, because it is obvious, that the third-party beneficiary may sue (when the applicable law gives him that right.)The rule adds to the illustrative list of real parties in interest a bailee-meaning, of course, a bailee suing on behalf of the bailor with respect to the property bailed. (When the possessor of property other than the owner sues for an invasion of the possessory interest he is the real party in interest.) The word “bailee” is added primarily to preserve the admiralty practice whereby the owner of a vessel as bailee of the cargo, or the master of the vessel as bailee of both vessel and cargo, sues for damage to either property interest or both. But there is no reason to limit such a provision to maritime situations. The owner of a warehouse in which household furniture is stored is equally entitled to sue on behalf of the numerous owners of the furniture stored. Cf. Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947).The provision that no action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed, after the objection has been raised, for ratification, substitution, etc., is added simply in the interests of justice. In its origin the rule concerning the real party in interest was permissive in purpose: it was designed to allow an assignee to sue in his own name. That having been accomplished, the modern function of the rule in its negative aspect is simply to protect the defendant against a subsequent action by the party actually entitled to recover, and to insure generally that the judgment will have its proper effect as res judicata.This provision keeps pace with the law as it is actually developing. Modern decisions are inclined to be lenient when an honest mistake has been made in choosing the party in whose name the action is to be filed-in both maritime and nonmaritime cases. See Levinson v. Deupree, 345 U.S. 648 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir. 1963). The provision should not be misunderstood or distorted. It is intended to prevent forfeiture when determination of the proper party to sue is difficult or when an understandable mistake has been made. It does not mean, for example, that, following an airplane crash in which all aboard were killed, an action may be filed in the name of John Doe (a fictitious person), as personal representative of Richard Roe (another fictitious person), in the hope that at a later time the attorney filing the action may substitute the real name of the real personal representative of a real victim, and have the benefit of suspension of the limitation period. It does not even mean, when an action is filed by the personal representative of John Smith, of Buffalo, in the good faith belief that he was aboard the flight, that upon discovery that Smith is alive and well, having missed the fatal flight, the representative of James Brown, of San Francisco, an actual victim, can be substituted to take advantage of the suspension of the limitation period. It is, in cases of this sort, intended to insure against forfeiture and injustice-in short, to codify in broad terms the salutary principle of Levinson v. Deupree, 345 U.S. 648 (1953), and Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir. 1963).
NOTES OF ADVISORY COMMITTEE ON RULES-1987 AMENDMENTThe amendments are technical. No substantive change is intended.
NOTES OF ADVISORY COMMITTEE ON RULES-1988 AMENDMENTThe amendment is technical. No substantive change is intended.
COMMITTEE NOTES ON RULES-2007 AMENDMENT The language of Rule 17 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.Rule 17(d) incorporates the provisions of former Rule 25(d)(2), which fit better with Rule 17.
AMENDMENT BY PUBLIC LAW1988-Subd. (a). Pub. L. 100-690 which directed amendment of subd. (a) by striking “with him”, could not be executed because of the intervening amendment by the Court by order dated Apr. 25, 1988, eff. Aug. 1, 1988.
What are we choosing?
Are we honest with ourselves?
We claim this earth and this world in the Spirit of Eternal Life!
ie/I claim this spirit, this mind, this body known as sophia
known as lorna
known as king-zelan-queen-sophia
as a sovereign and autonomous expression
expressing in the
spirit of eternal life
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