SOCIAL SECURITY IS VOLUNTARY - NOT MANDATORY

Forward:

EEOC vs. Information Systems Consulting, Inc.
Because SOCIAL SECURITY IS VOLUNTARY, the Justice
Department argued for the EEOC (Equal Employment
Opportunity Commission) against an employer in Texas
who had, under IRS advice refused to hire an
individual who would not provide a social security
number. The complaint was styled as a DISCRIMINATION
action.

The discrimaination involves both religious
convictions, and national origins (Americans are not
required).

The IRS refused to appear in court to defend its
advice to the employer, who immediately folded when
confronted in court with a team of Justice Department
lawyers suing him for discrimination. (Who wants to be
in court against the Justice Department without any
legal facts to stand on ?)

The case proves beyond the shadow of any doubt
what-so-ever that it is NOT necessary to use a social
security number in association with your personal
finances and earnings, IF YOU CHOOSE NOT TO, because
Social Security IS STRICTLY A VOLUNTARY SYSTEM AND YOU
MUST SPECIFICALLY MAKE APPLICATION FOR "BENEFITS" TO
PARTICIPATE. If you DO NOT make application, can you
be FORCED by the government to take a number ? NO !
Can you be fored to use and supply a number that you
do not have, and do not HAVE to have ? NO ! WHY DID
YOU APPLY ????

CITIZEN IS SOVEREIGN IN THIS LAND, the first NATION OF KINGS.!
IS GOVERNMENT THE PUBLIC SERVANT OR ARE YOU THEIR SERVANT NOW !

EXCERPTS FROM:

EEOC v. Information Systems Consulting

CA3-92-0169-T

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

1. From the EEOC's Letter of Determination, Dated May 2, 1990 (p.2):

The evidence supports the charge that there is a
violation of Title VII of the 1964 Civil Rights Act,
as amended,... Section 706(b) of Title VII requires
that if the commission determines there is a
reasonable cause to believe that the charge is true,
is shall endeavor to eliminate the alleged unlawful
employment practice by informal methods, of
conference, conciliation, and persuasion, having
determined there is reasonable cause to believe the
charge is true, the Commission now invites the parties
to join with it in a collective effort toward a just
resolution of this matter.
2. From the Affidavit of Tim Fitzpatrick, September 29, 1989 (p.3):
After discussions with the IRS, the company discovered
that if Mr. Hanson did not provide the company with a
Social Security number, the company would be in
violation of the Internal Revenue Regulations and
subject to various penalties.

3. From the Plaintiff's Response to Defendant's Motion
to Dismiss, April 1, 1992 (p.8-9):
"....the Internal Revenue Code and the Regulations
promulgated pursuant to the code do not contain an
absolute requirement that an employer provide an
employee social security number to the IRS. Internal
Revenue Code Section 6109(a)(3) states:

Any person required under the authority of this
title to make a return, statement or other
document with respect to another person,
shall request from such person, and include
in any such return, statement or document,
such identifying number as may be prescribed
for securing proper identification of such person.
26 U.S.C. 6109(a)(3) (Supp. 1992)"
The IRS regulation interpreting section 6109 provides:
"If he does not know the taxpayer identifying number
of the other person, he shall request such number of
the other person. A request should state that the
identifying number is required to be furnished under
the law. When the person filing the return, statement,
or other document does not know the number of the
other person, and has complied with the request
provision of this paragraph, he shall sign an
affidavit on the transmittal document forwarding such
returns, statements, or other documents to the
Internal Revenue Service so stating.."
Treas. Reg. 301.6109-1(c) (1991)

"The applicable IRS statute and regulation place a
duty on the employer to request a taxpayer identifying
number from the employee. If document must be filed
and the employer has been unable to obtain the number
but has made the request then the employer need only
include as affidavit stating that the request was
made."
The Government also avers that:
"In 1989, Internal Revenue Code Section 6676, 26
U.S.C. and 6676 (1989), set forth the penalties for
failing to supply the IRS with identifying numbers as
required by the code....a $50.00 penalty will be
imposed for failure of an employer to provide an
identifying number on any document filed with the IRS
unless it is shown that the failure was due to
reasonable cause and not willful neglect. The Treasury
Regulation interpreting the Statute states:
Under Section 301.609-1(c) a payor is required to
request the identifying number of the payee. If after
such a request has been made, the payee does not
furnish the payor with his identifying number, the
penalty will not be assessed against the payor.
Treas. Reg. 3106676-1 (1989)

"Public Law 101-239, Title VII, Section 7711(b)(1),
Dec 19, 1989, 103 Stat. 2393, repealed Section 6676 of
the Internal Revenue Code, 26 USC 6723 (Supp. 1992)
has governed the failure to comply with informaiton
reporting requirement. However, Internal Revenue Code
Section 6724, 26 USC 6724 (Supp. 1992), provides for a
waiver of any penalties assessed under the code upon a
showing of reasonable cause. Section 6724(a) provides:

No penalty shall be imposed under this part with
respect to any failure if it is shown that such
failure is due to reasonable cause and not willful
neglect.
26 USC 6724(a) (Supp. 1992)

4.) From the Consent Decree, dated November 4, 1992 (p.4)
The defendant ... shall be permanently enjoined from
terninating an employee or refusing to hire an
individual for failure to provide a social security
number.... If an employee or applicant for employment
advises the defendant that he does not have a social
security number....., the defndant shall request,
pusuant to Section 6724 of the Internal Revenue
Service Code {sic}, 26 USC 6724, a waiver of any
penalties that may be imposed for failing to include
an employee social security number on forms and
documents submitted to the IRS.