Founding Files: Lets Talk About Corporations & Unincorporating
What does it mean to be unincorporated? From M. Webster dictionary, unincorporated means lacking corporate status : not formed into a legal corporation : not incorporated.
What does being a legal corporation mean? n. an organization formed with state governmental approval to act as an artificial person to carry on business (or other activities), which can sue or be sued, and (unless it is non-profit) can issue shares of stock to raise funds with which to start a business or increase its capital. (from law.com)
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The organic Constitution of 1787 was signed on September 17th. It was ratified in 1789. This Constitution, a compact with a legal fiction (Government), made the government subject to the people. In the 1860's an unlawful congress implemented a perverted Constitution making the people subject to government.
In 1933 the governors of all 48 states were complicit in implementing this plan when they pledged all lands within their boundaries and the future labor of all people as a surety for the national debt.
The 14th amendment was the first time the government had created a lawful scenario where the people could be subject to government. The amendment even includes the wording "and subject to the jurisdiction thereof". A legal fiction (U.S. citizen) was created that could be subject to government instead of government answering to we the people.
This perversion. It could only be done over time. Trying to immediately implement this action would have resulted in all of congress being hung for treason.
Every natural man/woman who has a birth certificate issued (creating the legal fiction) and/or claims (and uses) an assigned social security number is a lawful representative of that legal fiction and becomes subject to government by contract. Many people have been led to believe that statutes and codes do not apply to them just because the Supreme Court clarified the fact that statutes and codes apply to government creations (legal fictions), government agents, employees, and contractors and do not apply to the natural, living man/woman. What they have failed to realize is that they have spent a lifetime providing documentation for government to show that they are the "legal" representative of the legal fiction and are subject.
Like it or not the 14th Amendment is valid and is here to stay. It became ratified when the states published it as law in their own law resources. It remains a benefit to leave the assertion of the 14th Amendment in our documents since the Supreme Court has tied the 14th Amendment to the means of enforcing rights against the violation by any state government. Without the 14th Amendment wording there would be no legal means of forcing the state governments to recognize any rights or liberties outside of their own state constitution. No one would be capable of taking their own state to federal courts to enforce constitutional compliance outside of their own state constitution. We'd have no guarantee of federal protection from federal agencies either unless the individual states decided they are going to start doing what they are supposed to do and protecting life, liberties, and property of the people, even against intrusion from federal agencies.
Asserting any claims of 14th Amendment doesn't hurt you in any way but not asserting any protections could be harmful.”
Public
Private
Law, having 2 sides,: because there are two side to Law - Public and Private still provide the natural man/woman the opportunity to bring their lives into the private side, affording the protections of the original Constitution and remaining outside of the jurisdiction of government.
Those wanting to remain representatives of the legal fiction can do so and bring only their business and parts of their lives into the private domain and out of the reach of government by separating their business from that of the legal fiction they represent. Keep your business within the confines of your Private Association and out of the realm of the legal fiction.
We are not a CPA, tax advisor, attorney, bookkeepers, etc. We are speaking to you with Minister Hats on nunc pro tunc. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, and Alighten Ministries and are agreeing to the bylaws of the association
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Going Private & Celebrating 25 Years of Liberty Dollar w/Wayne & Kathy Hicks. Donʻt Miss Interview!
In this fun and informative interview you get to be a part of history and learn more about the Liberty Dollar and Liberty Dollar Financial Association.
They are a Private Membership Association. If you are a member of this association your funds are backed by sound money, silver!
If you donʻt already have an account with LDFA, youʻll want to change that status asap after watching this video. Here is my referral link. Thank you for using it!
https://www.libertydollar.nl/register#from/dclaynel
Remember to watch Blind Joeʻs video!
https://youtu.be/b_sEYlTwi54?si=mpKiHtpEr-rg1mpg
Check out the trailer for the CelebrateLiberty25 Conference here:
https://youtu.be/Afx7tnvJGQc?si=tKoxzJE-gIrIa0X2
Hereʻs the link to the website to check out the speaker line up, etc.
https://www.celebrateliberty25.com
And...get your tickets here with my referral link (youʻll get one too when you register. Donʻt miss this event!
https://www.ticketfairy.com/r/25175/1556243
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
Private Wealth Academy Trust Secrets - Workshop
https://www.privatewealth.academy/bulletproof-trust-secrets-workshop-registration
Private Wealth Academy
https://www.privatewealth.academy/bulletproof-trust-secrets?utm_source=affiliate?affiliate_id=4075953
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://www.libertydollar.nl/register#from/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on You Tube as well
https://www.youtube.com/channel/UCEl3OzqXJpOSDRmxM4cLqMw
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. I am speaking to you with my Minister hat on nunc pro tunc. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association.
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VALUABLE UPDATE: Free Church vs State Church
In this video, we go over some of the "legal" language and the history within these different tax codes, 508(c)(1)(a) and 501(c)(3) non-profit. We talk about mandatory exception, exemptions, unincorporated, free church, state church, faith-based organizations, ministries, reporting, non-filing, and more.
REMEMBER: Congress shall make no law...We get to define church, ministries, association, UNLESS we have applied for state/federal governmental recognition, I.e. 501(c)(3) and the like.
Here are the links referenced -
Mandatory exception
https://uscode.house.gov/view.xhtml?req=(title:26%20section:6033%20edition:prelim)
IRS Churches defined - https://www.irs.gov/charities-non-profits/churches-religious-organizations/churches-defined
Churches vs Ministries
https://providentlawyers.com/whats-the-difference-between-a-church-and-a-ministry-for-the-irs/?fbclid=IwAR3p5WMFK-r3rJQpZchJaCRe7Kfa83o0K_MgodbyeJi-5bYMPk9yw7STNns
Free Church vs State Church
https://www.newvisionministriesonline.org/508c1a-free-church-vs-501c3-state-church/
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
Private Wealth Academy Trust Secrets - Workshop
https://www.privatewealth.academy/bulletproof-trust-secrets-workshop-registration
Private Wealth Academy
https://www.privatewealth.academy/bulletproof-trust-secrets?utm_source=affiliate?affiliate_id=4075953
Fellow PMA Advisor Guy Stinson and David created a short course for those of you who want to learn more - it’s fantastic!
A Guide to Starting Your Own PMA - https://courses.thenextsky.net/courses/my-pma?ref=a2c93c
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://ldrep.nl/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on YouTube as well
https://rumble.com/c/c-1153454
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. I am speaking to you with my Minister hat on nunc pro tunc. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association now and in the future.
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Private vs. Public Domain. The Private Pillar of Protection with Daymond Jones.
In this very important video, Senior Advisor and Pastor, Brother Daymond Jones shares with us much wisdom, law and history about why is one of the strongest foundations of Private Membership Associations and yes, private Ministries and Churches.
Here's some notes, references and case law to study and to enhance the conversation.
Universal Law/God’s Truth - Right to Privacy
Hale vs. Hinkle -
Supported by the First Amendment/Bill of Rights
Natural God-given rights
Holy Texts - Above man’s law
Ecclesia
The Right to Trespass
Private property vs. public
Private is private because it’s private - it doesn’t mean it’s bad or wrong.
Ministry activities are restricted to private ecclesiastical jurisdiction and are private
“The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals’ rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed.” Redfield v. Fisher, 292 P. 813, 135 Or. 180, 294 P.461, 73 A.L.R. 721 (1931)
“And that ye study to be quiet, and to do your own business, and to work with your own hands, as we commanded you;” 1 Thessalonians 4:11
The US Supreme Court unanimously concluded that religious organizations have the authority to resolve disputes internally and that a church must be free to appoint or dismiss ministers or employees in order to exercise the religious liberty that the First Amendment guarantees. Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006)
"The cooperative taxpayer fares much worse than the individual who relies upon his constitutional rights. Only the rare taxpayer would be likely to know that he could refuse to produce his records to Internal Revenue Service Agents." - U.S. v. Dickerson, 413 F 2d 1116.
"In numerous cases where the IRS has sought enforcement of its summons pursuant to statute (26 U.S.C. 7402), courts have held that a taxpayer may refuse production of personal books, and records by assertion of his privilege against self-incrimination." - Hill v. Philpott, 445 F 2d 144; and Stuart v. U.S. 416 F 2d 459; and U.S. v. Kleckner, 273 F Supp 251.
HALE v. HINKEL 201 U.S. 43 at 89 (1906) Hale v. Henkel was decided by the United States Supreme Court in 1906. The opinion of the court states: “The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.”
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
To reach Brother Daymond
https://sovereignchurchofjesus.com
daymond4040@yahoo.com
To Donate to his Ministry - PayPal - daymond4040@yahoo.com
Private Wealth Academy Trust Secrets - Workshop
https://www.privatewealth.academy/bulletproof-trust-secrets-workshop-registration
Private Wealth Academy
https://www.privatewealth.academy/bulletproof-trust-secrets?utm_source=affiliate?affiliate_id=4075953
Fellow PMA Advisor Guy Stinson and David created a short course for those of you who want to learn more - it’s fantastic!
A Guide to Starting Your Own PMA - https://courses.thenextsky.net/courses/my-pma?ref=a2c93c
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://ldrep.nl/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on YouTube as well
https://youtube.com/@drLayne
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association.
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1000 Journeys... To Become Wise As Serpents...With Guy Stinson & Dr. Layne
In this video I am joined by friend and Certified PMA Power Advisor Guy Stinson to talk about wisdom learned from case law, discernment, study, and how you can make good decisions while participating in the wild west of PMA Land.
Check out his Ministry work in the world here -
https://www.empoweredkingdom.com
Here is the link to the case referenced. https://cdn.ca9.uscourts.gov/datastore/opinions/2017/01/12/13-72699.pdf
Summary sentence -
As long as the individual taxpayer (the purported
agent) remains, as a practical matter, in complete control over
the income after it is transferred to the church (the purported
principle) it is income to the individual.
508 references and case law statements -
Section 508 was codified in the Internal Revenue Code (IRC) in order to formally establish the doctrine of freedom of religion which had been a tacit standard upon which America was founded and governed since before it gained its independence in 1776. It is generally unknown to tax practitioners simply because law schools and accounting schools do not teach it.
Section 508 refers specifically to “churches” “their integrated auxiliaries” and “conventions or associations of churches.” The tax code however does not define these terms. It also does not define the term “religion.” These terms have developed meaning through practical application as affirmed by IRS rulings and case law (i.e. law suits between the IRS and not for profit entities). The result is a very broad based meaning for qualifying organizations
Sec 508 entities, since they are not of record with the IRS, are not exposed to public scrutiny.
● Mandatory Excepted from “rendering under oath such statements, making such other returns, and comply with such rules and regulations as the Secretary (IRS) may from time to time prescribe.” In 1969 Congress enacted a particular rule to mandatorily “except” (meaning: not included [to begin with]) churches from new requirements or the new legislation that would be in conflict with the Constitution. Notice how they do not say “exempt” (meaning: to qualify for). The Free Church has no filing federal or state taxes as “churches, their integrated auxiliaries, and conventions or associations of churches” Mandatory Exceptions per 508(c)(1)(A); and there are no filing requirements per I.R.C. § 6033(a)(3)(A)(iii) as a church is “the exclusively religious activities of any religious order.”
To put it all succinctly, we will examine these statutes further, Judge Brattin of the Eastern District of California put it best: “...neither this court nor any branch of this government will consider the merits or fallacies of a religion. Nor will the court compare the beliefs, dogmas, and practices of a newly organized religion with those of an older, more established religion. Nor will the court praise or condemn a religion, however excellent or fanatical or preposterous it may seem. Were the court to do so, it would impinge upon the guarantee of the First Amendment.”
As a Faith-Based Organization (FBO) it naturally has tax-exception status stemming from the First Amendment to the United States Constitution. FBO’s can be organized and operate under Section 508(c)(1)(A) of the tax code the same as they can be organized and operate under any other section of the tax code. A 508(c)(1)(A) FBO has a constitutional and legal right to form; therefore, there is no required application to seek approval as a tax-exempt organization. Since 508(c)(1)(A) organizations are already tax-excepted as a right they do not have to give up that right (religious exercise and free speech) as a condition of tax-exemption. All organizations seeking tax-exempt status must apply to the IRS, but FBOs can be formed under Section 508(c)(1)(A) and enjoy “mandatory exceptions” from these requirements. Including mandatory removal from tax obligations regarding reporting, real estate, sales tax and income taxes [as the church]!
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://ldrep.nl/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on Rumble as well
https://rumble.com/c/c-1153454
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association.
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Q & A Live Call # 2 - Tax deductions, Not-For-Profit, Assets of A Ministry and More...
MERRY CHRISTMAS!!
In this video we finish up the second half of the live Q & A call. We cover donations and receipts, what is the difference between not-for-profit, non-profit and for-profit organizations, "selling" a ministry, payment processors, how to pay your assistants, insurance and more.
Enjoy the Christmas Season and BE BLESSED.
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
Fellow PMA Advisor Guy Stinson and David created a short course for those of you who want to learn more - it’s fantastic!
A Guide to Starting Your Own PMA - https://courses.thenextsky.net/courses/my-pma?ref=a2c93c
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://ldrep.nl/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on You Tube as well
https://rumble.com/c/c-1153454
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association.
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Live Q & A Call With the Health Freedom With Dr. Layne Community
Welcome to Health Freedom with Dr. Layne's first live Q & A video call. We cover a lot of questions in this video about -
Private vs. Public -
Listen to Kris Anne Hall's brilliant talk on these spaces
https://open.spotify.com/episode/5Lci1uHWvuCRkVxwtX4jq3?si=Ki069UcIToKdl3Cr0RRIUg
Hosting open air markets and being a vendor at events
Advisory Boards
Tribunals
Membership fees...
...and more!
Here's the sections of history, case law and IRS information I was reading on the call.
Section 508 was codified in the Internal Revenue Code (IRC) in order to formally establish the doctrine of freedom of religion which had been a tacit standard upon which America was founded and governed since before it gained its independence in 1776. It is generally unknown to tax practitioners simply because law schools and accounting schools do not teach it.
Section 508 refers specifically to “churches” “their integrated auxiliaries” and “conventions or associations of churches.” The tax code however does not define these terms. It also does not define the term “religion.” These terms have developed meaning through practical application as affirmed by IRS rulings and case law (i.e. law suits between the IRS and not for profit entities). The result is a very broad based meaning for qualifying organizations. For instance, two FBOs that received “Church” status include “The Salvation Army” and “Young Life.”
See Rev. Rul. 59-129, 1959-1 C.B. 58, the IRS ruled that The Salvation Army was a church or a convention or association of churches within the meaning of section 170(b)(1)(A)(i). No explanation was provided for the ruling. In 2015 the IRS approved First Cannabis Church Of Indiana as an IRS recognized 501(c)(3) church even though marijuana is classified as an illegal drug by Federal and State law.
Sec 508 entities, since they are not of record with the IRS, are not exposed to public scrutiny.
ADVANTAGES OF 508(c)(1)(A) AS SECURED UNDER 26 U.S. CODE § 6033(a)(3(a) ● Tax Excepted, and can give tax deductible receipts for donations. ● Freedom of Speech, including, but not limited to, politics, referendums, initiatives, and candidates. ● Mandatory Excepted from reporting (does not file a tax return) see reg. section 1.6033-(a)(3)(a). This filing exemption includes the Form 990 as well as Form 990-N. Section 6033(i). For a discussion of the legislative history of section 6033, see GCM 37116 (1977). ● Mandatory Excepted from “rendering under oath such statements, making such other returns, and comply with such rules and regulations as the Secretary (IRS) may from time to time prescribe.” In 1969 Congress enacted a particular rule to mandatorily “except” (meaning: not included [to begin with]) churches from new requirements or the new legislation that would be in conflict with the Constitution. Notice how they do not say “exempt” (meaning: to qualify for). The Free Church has no filing federal or state taxes as “churches, their integrated auxiliaries, and conventions or associations of churches” Mandatory Exceptions per 508(c)(1)(A); and there are no filing requirements per I.R.C. § 6033(a)(3)(A)(iii) as a church is “the exclusively religious activities of any religious order.”
Brattin of the Eastern District of California put it best: “...neither this court nor any branch of this government will consider the merits or fallacies of a religion. Nor will the court compare the beliefs, dogmas, and practices of a newly organized religion with those of an older, more established religion. Nor will the court praise or condemn a religion, however excellent or fanatical or preposterous it may seem. Were the court to do so, it would impinge upon the guarantee of the First Amendment.”
Book a free call now if you are ready to get started or have questions. These calls are for faith-based health care and healing practitioners and/or ministries only.
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
Fellow PMA Advisor Guy Stinson and David created a short course for those of you who want to learn more - it’s fantastic!
A Guide to Starting Your Own PMA - https://courses.thenextsky.net/courses/my-pma?ref=a2c93c
Get your money backed by silver and work with another PMA at Liberty Dollar Financial Association.
https://ldrep.nl/dclaynel
Watch this short video to learn more
https://youtu.be/pvjqprJchAE
Join me on YouTube as well
https://youtube.com/@drLayne
In health and freedom,
Dr. Layne
Disclaimer: I am not a CPA, tax advisor, attorney, bookkeeper, nor do I hold any degrees that I am not completely transparent about. By watching these videos and using the information, you are agreeing to take full responsibility for your own experience and results.
The information in these videos and on this channel are intended for members of Layne Linebaugh, DC, PHA, or those agreeing to the bylaws of the association.
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Private Membership Associations talk with Aaron Bowman
In this fun and informative video, my colleague Aaron Bowman and I talk about PMA's, what each of us is doing in PMA land, how it started for us, Health Associations, Ministries, Banking options, and more.
Enjoy!
Book a free call now if you are ready to get started or have questions
https://calendly.com/drlayne/new-client-application-call
David Edwards - the PMA OG - www.getyourpma.com
My fellow PMA advisor Aaron Bowman has a badass YouTube Channel - Rebel Alliance, Check him out here
https://www.youtube.com/channel/UCrSq3NYegawhTUlS7HC3sWQ
Fellow PMA Advisor Guy Stinson and David created a short course for those of you who want to learn more - it’s fantastic!
A Guide to Starting Your Own PMA - https://courses.thenextsky.net/courses/my-pma?ref=a2c93c
Get your money backed by silver and work with another PMA at Liberty Dollar
https://ldrep.nl/dclaynel
Please join me on YouTube as well - https://www.youtube.com/channel/UCEl3OzqXJpOSDRmxM4cLqMw
In health and freedom,
Dr. Layne
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