Thursday, December 26, 2013

CLAIMS & ACCOUNTS

Are claims and accounts the same? Not really. Claims are what someone thinks you owe them, where accounts are what you are responsible for. Therefore, there needs authority for settlement of accounts as well as claims. UCC “§ 3-601(a): The obligation of a party to pay the instrument is discharged as stated in this Article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.”

Title 31 § 3526. Settlement of accounts
(a) The Comptroller General shall settle all accounts of the United States Government and supervise the recovery of all debts finally certified by the Comptroller General as due the Government.
(b) A decision of the Comptroller General under section 3529 of this title is conclusive on the Comptroller General when settling the account containing the payment.
(c)
(1) The Comptroller General shall settle an account of an accountable official within 3 years after the date the Comptroller General receives the account. A copy of the certificate of settlement shall be provided the official.
(2) The settlement of an account is conclusive on the Comptroller General after 3 years after the account is received by the Comptroller General. However, an amount may be charged against the account after the 3-year period when the Government has or may have lost money because the official acted fraudulently or criminally.
(3) A 3-year period under this subsection is suspended during a war.
(4) This subsection does not prohibit—
(A) recovery of public money illegally or erroneously paid;
(B) recovery from an official of a balance due the Government under a settlement within the 3-year period; or
(C) an official from clearing an account of questioned items as prescribed by law.
(d) On settling an account of the Government, the balance certified by the Comptroller General is conclusive on the executive branch of the Government. On the initiative of the Comptroller General or on request of an individual whose accounts are settled or the head of the agency to which the account relates, the Comptroller General may change the account within a year after settlement. The decision of the Comptroller General to change the account is conclusive on the executive branch.
(e) When an amount of money is expended under law for a treaty or relations with a foreign country, the President may—
(1) authorize the amount to be accounted for each year specifically by settlement of the Comptroller General when the President decides the amount expended may be made public; or
(2) make, or have the Secretary of State make, a certificate of the amount expended if the President decides the amount is not to be accounted for specifically. The certificate is a sufficient voucher for the amount stated in the certificate.
(f) The Comptroller General shall keep all settled accounts, vouchers, certificates, and related papers until they are disposed of as prescribed by law.

(g) This subchapter does not prohibit the Comptroller General from suspending an item in an account to get additional evidence or explanations needed to settle an account.

WORTHLESS

With credit cards companies, the debt is theirs, as they gave us assurance that they would pay the debt, and they never do, for they cannot pay it with gold or silver. Therefore, the only value is by our own hand: what we can do is, “Accept For Value”, in spite of not having gold, or silver. When the people accept it for value, it becomes valuable, the people have spoken. Government is required to pay in gold or silver, people are not. However, if we are to do business with the government, then what we accept for value must be translated into an acceptable currency for the government to use. They exchange it, for what? I do not care. I am foreign to the government, as an American and their money is considered worthless (illegal and void), as they are public servants, and create debt instruments, the only way the money has value is if the people have faith in it. It could be poker chips as far as anyone is concern. How do I know FRNs are worthless? It says so in the IRS codes:
Title 26 § 165 (g)(2)(C); this is where worthless securities are defined. “(g) Worthless securities: (2) For purposes of this subsection, the term “security” means: (C) a bond, debenture, note, or certificate, or other evidence of indebtedness, issued by a corporation or by a government or political subdivision thereof, with interest coupons or in registered form”.
Federal Reserve Notes are evidence of a debt, an instrument registered (serial numbers) and created by a corporation. Anything that is not gold or silver from the government is evidence of indebtedness. Section g2C declares it a security of indebtedness and that it is worthless, in complete agreement with the 14th Amendment § 4, “The validity of the public debt shall not be questioned, but all such debts, obligations, and claims shall be held illegal and void”.
If it comes from the people, it is a credit instrument, unless it is a promise to pay. There is so much more, I have included some important sections. Some believe “Accepted For Value” or “Accept for Value” is an offset or discharge. Personally, I do not care. They took the gold, and silver, taxed me for using their money system that I am forced to use, not by choice. Let us review a few of these interesting sections. Such as Title 31 § 3701: “(a) In this chapter—(1) “administrative offset” means withholding funds payable by the United States (including funds payable by the United States on behalf of a State government) to, or held by the United States for, a person to satisfy a claim”.
Here are some other thoughts: If the government says they are spending taxpayer money, then they admit that the money is ours and not owed to the IRS! If it is owed, then it is not ours! If they borrow the money from the taxpayer, then how can the taxpayer pay a debt the government owes? The Government has to pay it back to the people. The 14th amendment claims they do not have to pay it. If I borrow money from you, how long will it take you to pay off the debt? Never! No worry, you cannot complain!
Furthermore, they have no authority to borrow money from the taxpayer, the government can only borrow on the credit of the United States. Article 1, § 8. To borrow Money on the credit of the United States. Therefore, now we see why Birth certificates are created, they needed vessels, thus property (US CITIZENS), now they have collateral, something of value.

If, all money is a debt instrument, then the only way to pay off the national debt is to surrender all FRNs. No money would exits and in fact, due to interests, fees, penalties, we would owe more then what exists. It would be invalid; as there is no way to pay the debt, and we would all be bankrupt. The law cannot demand an impossibility. However, this was true even when gold was being used. The only way to resolve this is by the use of foreign currency, and stuff made up by people, as people are foreign to governments. If I give it value and you accept it for value, then it exists as value, debts can be paid, or settled. This value created by the Sovereign and accepted by other sovereigns, who are not bound by the LON, will offset, or settle the debts of the government and make them go away. Government can only coin gold, people can write scripts, and have it given value by the US Treasury to be used by the people in commerce. The government uses the private script to trade it for FRNs; it is not a part of the national debt. In essence, I created the FRNs when I create notes, or bonds. They maybe debt instruments, however, it is backed by my private script as actual value. Does the government have the authority to settle claims? Let us look at their bible, US codes, their scripture says yeah. “Title 31 § 3702. Authority to settle claims: (b)(1) a claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except…”. UCC “§ 3-603(b): If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.”
Lets see, signature, address of the claimant or authorized representative. If you know the verbiage of the AFV (“Accepted For Value” or “Accept for Value”), this requirement is present (address is included on their voucher). It has nothing to do with backed by gold, silver, bonds, or anything in fact. Feel free to correct me. Do they have the right to collect? Their Mammon based scripture says this.

Title 31 § 3711. Collection and compromise
(a) The head of an executive, judicial, or legislative agency—
(1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency;
(g)
(1) If a nontax debt or claim owed to the United States has been delinquent for a period of 180 days
(A) The head of the executive, judicial, or legislative agency that administers the program that gave rise to the debt or claim shall transfer the debt or claim to the Secretary of the Treasury; and
(B) upon such transfer the Secretary of the Treasury shall take appropriate action to collect or terminate collection actions on the debt or claim.
(2) Paragraph (1) shall not apply—
(A) to any debt or claim that—
(i) is in litigation or foreclosure;

VOUCHER

Consider this as well, that when the IRS sends to us a presentment, they include a voucher or a coupon. Are not coupons a form of money or a reduction in the amount we “pay”. A coupon is also a form of a voucher, look at this definition: coupon; noun; a voucher entitling the holder to a discount for a particular product; a detachable portion of a bond that is given up in return for a payment of interest. Notice above: “Voucher check”. They are giving us the funds in which to settle the claim and we have been too ignorant to see it. We scream the IRS is taking to much, no! They have been trying to help us, but we would prefer to go to prison then give them back what they gave to us to settle the account out of complete ignorance. Render unto the IRS that which they created and get back to Rendering unto God what God has given us. Our “Personal Money Orders” are first issued and payable on demand.
Title 31 § 3325. Vouchers
(a) A disbursing official in the executive branch of the United States Government shall—
(1) disburse money only as provided by a voucher certified by—
(A) the head of the executive agency concerned; or
(B) an officer or employee of the executive agency having written authorization from the head of the agency to certify vouchers;
(2) examine a voucher if necessary to decide if it is—
(A) in proper form;
(B) certified and approved; and
(C) computed correctly on the facts certified; and
(3) except for the correctness of computations on a voucher or pursuant to payment intercepts or offsets pursuant to section 3716 or 3720Aof this title,,[1] be held accountable for carrying out clauses (1) and (2) of this subsection.
(b) In addition to officers and employees referred to in subsection (a)(1)(B) of this section as having authorization to certify vouchers, members of the armed forces may certify vouchers when authorized, in writing, by the Secretary of Defense or, in the case of the Coast Guard when it is not operating as a service in the Navy, by the Secretary of Homeland Security.
(c) On request, the Secretary of the Treasury may provide to the appropriate officer or employee of the United States Government a list of persons receiving periodic payments from the Government. When certified and in proper form, the list may be used as a voucher on which the Secretary may disburse money.
(d) The head of an executive agency or an officer or employee of an executive agency referred to in subsection (a)(1)(B), as applicable, shall include with each certified voucher submitted to a disbursing official pursuant to this section the taxpayer identifying number of each person to whom payment may be made under the voucher.

“UCC § 3-501(a):  “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument
(i)                 to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or
(ii)                to accept a draft made to the drawee.”

Above states, they can accept a voucher. Not a voucher along with a payment but the voucher. Are FRN's, checks, etc. i.e. “money”? Are they substance? They are a promise to pay, a promissory note, a debt instrument. Gold, silver, labor, our autographs, and land are substance. FRNs, Checks, money orders, promissory notes, etc. are pieces of paper, fictions, and no substance - except if your real flesh and blood man/woman autograph in blue or purple ink happens to be on a money order, or in this case, a voucher.
Notice: at the top of the dollars, FRNs, it belongs the Federal Reserve System. If I give you a promise to pay, whom do you collect from? Me! Can you offer it to another? No! How would I know if it is the original and not a forged IOU? If I agree to allow you to use it and they accept the promise to pay, then all is good. Just remember, if you use my promise to pay, what you bought with it, belongs to me. It is my name on the promise to pay- not yours. On the other hand, if I have it numbered, or a statement, this is legal tender for all debts, and have the government support for it, for public and private debts, then it will be “accepted” by everyone.

UCC § 3-105:
(a)  “‘Issue’ means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.
(b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.
(c)  “Issuer” applies to issued and unissued instruments and means a maker or drawer of an instrument.”
“UCC § 3-106(a) Except as provided in this section, for the purposes of Section 3-104(a), a promise or order is unconditional…”.
These are payable on demand:
“UCC § 3-104. NEGOTIABLE INSTRUMENT.
(a)  Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:
(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;
(2) is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain
(i) an undertaking or power to give, maintain, or protect collateral to secure payment,
(ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or
(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.”
“UCC § 3-501.  PRESENTMENT: (b)  The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1)  Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2)  Upon demand of the person to whom presentment is made, the person making presentment must
(i) exhibit the instrument,
(ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and
(iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3)  Without dishonoring the instrument, the party to whom presentment is made may
(i) return the instrument for lack of a necessary indorsement, or
(ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4)  The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.”
“UCC § 4-105. “BANK”; “DEPOSITARY BANK”; “PAYOR BANK”; “INTERMEDIARY BANK”; “COLLECTING BANK”; “PRESENTING BANK”. In this Article :
(1)  “Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.”
“UCC § 3-108(a) A promise or order is “payable on demand” And if it is refused, it is discharged”.
UCC § 3-603(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates”. We make them payable to the US Treasury
“UCC § 3-110(c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number…”
Honor their laws, in fact obey them when it comes to money. They put this down for us to use. Did I know I was a bank? Do servants tell their masters what they can and cannot do? Our God and King tells us he can do anything we ask. Our servants say we will settle all claims, all we have to do is tell them. Yet, we remain silent to God and to our servants. When will we learn?


INTERNAL REVENUE MANUEL


IRM 3.8.44.4.2: If remittance is not made payable to the United States Treasury or one of the acceptable payees listed below, pull the remittance and source document and route to the Payment Perfection Unit.
Payee
Accept/Reject
Overstamp/
Endorse
Internal Revenue Service
Accept
No
United States Treasury
Accept
No
U.S. Treasury/
US Treasury
Accept
No
Department of the Treasury/
Department of Treasury
Accept
No
IRS
Accept
Overstamp
Director (or Commissioner) of Internal Revenue
Accept
Overstamp
Estimated Tax
Accept
Overstamp
Federal Tax Deposit (FTD)
Accept if clearly intended as FTD payment
Overstamp
Social Security Administration (or SSA)
Accept if received with SSA Form 4511
Overstamp
FICA
Accept
Overstamp
Blank
Accept
Overstamp
Other U.S. Government Agency
Accept
Overstamp
Taxpayer (personal check or money order)
Accept if taxpayer has endorsed. Reject if taxpayer has not endorsed.
Endorse “For Deposit Only - United States Treasury” below last endorsement.
Third Party
Reject unless third party has endorsed. If third party has endorsed the check over to the taxpayer, the taxpayer must also have endorsed.
Endorse “For Deposit Only - United States Treasury” below last endorsement.
Variations of any agency or department of the United States Government should be construed to be a payment to the United States Government.
Accept
Overstamp
State Agency or Franchise Tax Board
Accept if money amount matches the Federal Document.
Overstamp
Even the Internal Revenue Service, according to the IRM at 3.8.45.4.9, cannot accept gold or silver in payment of taxes (which taxes are a debt), this then appears to follow the United States Titles. So, why have it here as well? Unless, the IRS is not a department of the US Treasury as we understand it, or subject to the codes of the US.
If you will notice that if this is not done correctly, that is, made payable to the United State Treasury, it is to be sent to the perfection department, that is where they change who make it payable to. In other words, if you accidently send in your heating bill payment to the IRS, they correct it to make it payable to the United States Treasury. Therefore, they have various techniques to accept payment and what they need to do, or look for. When I do an “Accepted For Value” or “Accept for Value” I make it “deposited to”, and make the self-created Money Order “payable to” the “US Treasury”. I also endorse the back. Now if you look at Taxpayer it mentions personal check or money order. Is that a personal money order? We understand personal checks, but to my knowledge, only an “Accepted For Value” or “Accept for Value”, do we make a personal money order. However, lets us say that is incorrect. Then we must consider that they are to accept the “Money order”, if it has been endorsed. Endorse is defined as: sign (a check or bill of exchange) on the back to make it payable to someone other than the stated payee or to accept responsibility for paying it. What check or money order do you endorse? Only if I wanted to cash it and that it is made out to me. So how does a check or money order get my endorsement? It is a personal money order, it needs to be endorsed by me, and this is in line with the “Accepted For Value” or “Accept for Value”.

IRM: Unacceptable Payments 1.3.8.45.4.9: “Unacceptable Payment of Taxes are items that the Depository Bank will not accept as payment. Any of the following items found in the Payment Perfection Unit must be returned to the taxpayer-using letter 2689, 2690, or 3270. 
Note: If these items are not returned immediately, they must be stored in a locked safe. 


Gold
Silver
Jewelry
Stamps
Savings Bonds
Treasury Notes
Treasury Bills
Stocks
Treasury Certificates of Deposit
Promissory Note
Gold Coins (other than U.S. Currency)
Deposit Slips or Withdrawal Slips
Credit Card(s)
Debit Card(s)
Gift Card(s)

Return the items of monetary value exceeding $10 by certified mail, and items under $10 by regular mail, within 24 hours of receipt. Process accompanying returns/documents as non-remit.
Credit cards for payment are not processed by the Campus Deposit function. Taxpayers may use a credit card to make payments towards balances owed by telephone. If you receive a taxpayer's credit card or correspondence with their credit card information in the mail, the Deposit function will send the credit card back to the taxpayer thru certified mail along with 3270 (SC), for Return of Credit Card to Taxpayers, advising the taxpayer that the IRS does not have the capability to process credit card payment transactions when the credit card or credit card information is submitted with the return or a return adjustment.
Items of value that cannot be returned because the taxpayer cannot be identified, will not accept, or is undeliverable, should be maintained in a locked safe for the current year plus three years.
If a claim for items being held is received from a taxpayer, return the item to the taxpayer as outlined in IRM 3.8.45.4.9(2) above.
If the taxpayer does not claim the item of value, the Operations Manager will determine the disposition of the item at the end of the retention period.
These items will be recorded on Form “Records of Contents of Safes/Vaults”. This form is currently available from your Planning and Analysis Analyst. Managers will review this form monthly”.
As you see, Gold and silver are first on the list. We are not to pay with gold and silver; we are to pay with self-created money order, personal money order that we endorse, “Accepted For Value” or “Accept for Value”. If the AFV is invalid, it would be returned.

IRM
3.8.45.4.2: “Remittance Perfection:
Types of possible remittances the IRS campus may receive for processing can include any of the following.
Personal Check.
Money Order.
Cashier's Check.
Cash, refer to Cash Clerks.
Business Check.
Certified Check.
Voucher Check.
Treasury Check.
Draft/Postcard Type Check.
Gold Coins (U.S. Currency Only).

Travelers Cheques.
Note:
Taxpayers may also pay taxes by credit card by phone. Types of taxes that can be paid by credit card are listed in IRM 21.2.1.50.4, Credit or Debit Card Payments (Pay by Phone or Internet). Remittance perfection technicians may not process credit card payments to taxpayer accounts. Electronic funds transfer is another payment method. IRM 3.8.45 prescribes procedures for paper remittance processing. 


Keep remittance with source document; do not staple together. Prior to processing, remove check stubs and any staples attached.
If payee is IRS only, CASH, or blank, stamp United States Treasury on payee line.
Money orders must have either the name of the taxpayer or TIN. If not present, enter taxpayer's TIN as it appears on the accompanying source document.
When travelers cheques are received by mail, compare the counter signature with the original signature. If the signatures match, process the payment.
When travelers cheques are received in person (walk-in customers on an exception basis), witness countersigning and compare to the original signature on the travelers cheque.
If the travelers cheque has only one signature, send it back to the taxpayer.
If the signatures do not match, forward to your local TIGTA office.
6 When gold coins are received from a taxpayer,
Verify they are U.S. currency.
If not U.S. currency, return to the taxpayer according to IRM 3.8.45.4.9.
If U.S. currency, immediately contact the Property Appraisal and Liquidation (PAL) Specialist at the telephone number shown below. The PAL will take possession of the coins so they can be sold at auction.
SPC
PAL Specialist's Phone No.
Atlanta
(706) 650-3248
Austin
(512) 464-3097
Cincinnati
(502) 572-2284
Fresno
(213) 576-4380
Kansas City
(816) 503-4225
Ogden
(503) 326-3045

Gold coins must be stored in a locked safe until they are surrendered to the PAL”.