The "Rules" under a Spendthrift Trust

Example picAs previously stated there are rules, presumptions, and inferences of law revolving around the type of trust created by the Fourteenth Amendment.

Where does the concept of receiving benefits come from? Not from the Social Security Act itself, but from the philosophy behind spendthrift trusts. The Social Security Act in itself does not convey the "right to receive". The "right to receive" is conveyed under a Trust Instrument. By your actions, you have "assigned"(57)

your property rights of natural born citizenship and all that go with it to the United States Government, revoked the Express Constitutional Trust, and gave the Government a "power of appointment"(58)

when you proved that you were a United States citizen in order to receive that Number. As you read the following you should begin to recognize the "System".

A. Benefits--The "Right to Receive"

1. The Beneficiaries of a spendthrift or other support trust are entitled to the benefits conferred in accordance with the terms of the trust, express or "implied".......

2. The operation and effect of such trusts in respect to benefits are GOVERNED BY RULES AND PRINCIPLES applying to provisions for support, whether in wills, deeds, contracts, declarations of trust, or other instruments.

Rules and Principles. 26 USC and 42 USC have plenty of rules and principles.

3. Support and Spendthrift trusts are based on support contracts, and being thus PURCHASE(59) FOR A CONSIDERATION.(60)

You have probably stayed up at night trying to figure out how the Uniform Commercial Code could apply to you and just what it was that you purchased. You purchased your estate. I believe the term "selling your soul to the devil" could fit in quite nicely right now. At least in movies you get to recognize the devil for what he really is before you purchase anything from him. Let the buyer be ware.

4. The trustee under a spendthrift trust is often vested with discretion to determine the occasion or amount of support payment or other benefits or the occurrence of or compliance with conditions entitling the beneficiary to a payment or to the corpus of the estate.(61)

Does Voluntary Compliance come to mind? How about an audit?

5. In the absence of anything in the trust declaration indicating the amount of support benefit to which the beneficiary is entitled under a spendthrift or other support trust, the amount thereof is to be determined by the trustee in the light of the station in life and mode of living of the trustor and the beneficiary, the relation between them, the needs of the beneficiary, the amount that the ordinary man would provide for the support or home of the beneficiary, and other indicia of what the trustor intended as a sufficient provision for the support of the beneficiary.(62)

6. While COMPLIANCE WITH (63) or the occurrence of conditions precedent(64) and conditions subsequent (65), is a requisite to the RIGHT TO RECEIVE OR RETAIN (66) the benefits of a spendthrift trust (67) ....

7. A beneficiary of a spend thrift or other support trust generally is entitled to support or other benefit under the trust irrespective of where he resides. (68)

Observe, in Number 2 above, that the provisions for support, are governed by "Rules and Principles" in certain listed instruments. Notice that "wills" are inclusive. My perception is that it this very principle that makes the Fourteenth Amendment an "Implied" Will (69)

(codicil) aspect of the Constitution; in other words, In order to create a spendthrift trust for the incompetents, and make it lawful, the 14th Amendment has to be viewed as a will provision, because it provides charitable support for an incompetent beneficiary. The amendment cannot be viewed as a deed, contract, declaration of trust or other instrument, it must be a will provision so that it can achieve the power it does. The beneficiary obtains part of the estate but has no vested interest in order to obtain it all. He or she stands as a purchaser. (70)

Your rights are not given to you by God, you have BOUGHT them, and THAT is what makes the tax constitutional.

B. Overpayment of Benefits:

1. A beneficiary of a spendthrift trust has been required to repay an overpayment to him out of the trust. (71)

2. Federal income taxes of the beneficiary of a spendthrift trust are enforceable against his interest in the trust. (72)

Here we have the conditions of the spendthrift trust created for you under the Fourteenth Amendment, and you thought benefits were only bestowed upon you by the Social Security Act; and that compliance was imposed upon you by Title 26. Wrong! The Spendthrift Trust bestows the "Right to Receive" benefits. . . "It" creates a liability upon you to pay back to the Government the excess of benefits you have received, by way of the income tax. The so called "benefits" you receive are based upon your station in life, and gives you a "sufficient" provision for your support. Bet you thought you were the one who determined what was sufficient for your support?
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Footnotes :

57. 6 Am Jur 2d Assignments '1, It is the act by which one person transfers to another, or causes to vest in another, his right of property or interest therein.... and may also be defined an executory agreement or declaration of trust....; '9, Only rights under a contract can be assigned...; '23, Most rights in property are assignable...; '24, Generally, a vested interest in a decedent's estate is assignable...;

58. 62 Am Jur 2d, Powers, '1 A power of appointment has been defined as an authority enabling one person to dispose of the interest which is vested in another. Also see: Cy Press, Power of appointment and Revocation.

59. D "Purchase" has been defined as every mode of acquisition of an estate known to the law, except that by which an heir on the death of his ancestor becomes substituted in his place as owner by operation of law. McCartee v Orphan Asylum Soc. (NY) 9 Cow 437

60. 76 Am Jur 2d '179, Number 1,2, and 3 are in direct relation to Title 42 USC and Title 26 USC.

61. 76 Am Jur 2d, Trusts, '182, This is in direct relationship to Title 26 USC and the authority given to Internal Revenue Service Agents.

62. 76 Am Jur 2d, Trusts, '184: This is in direct relation to Title 26 USC, and also shows that someone else (not you) has made a determination as to what you are to be entitled to have based upon YOUR STATION IN LIFE.

63. The "Voluntary Compliance" of the Income Tax.

64. Condition precedent makes solvency of the beneficiary a condition precedent to receipt of his benefit under the trust.

65. The terms of a trust validly may provide for termination of the trust if the beneficiary is insolvent.

66. Request for OMB Review SF 83 Re: Application for a Social Security Number (SS-5), Section 205 (c)(2)(B) of the Social Security Act...Shows: "REQUIRED TO OBTAIN OR RETAIN A BENEFIT".

67. 76 Am Jur 2d, Trusts, '187 Conditions and compliance therewith.

68. 26 CFR '1.1-1(b) Citizens or residents of the United States liable to tax. In general, all citizens of the United States WHEREVER RESIDENT, and all resident alien individuals ARE LIABLE TO THE INCOME TAX. ; 76 Am Jur 2d, Trusts, '188 Place of support.

69. Despite the fact that the Government does not have testamentary powers, I am of the opinion that somewhere along the line "they" interpreted it in that manner. The Constitution may also have been probated unbeknownst to us.

70. . At common law land may be acquired only by descent or by purchase. When a person takes as heir at law he does so by descent, but when he acquires title by his own act or agreement he is a purchaser. Thus, the term "purchaser" is applied in this sense to a person who takes a title to land otherwise than by descent, and irrespective of whether he has given consideration for the conveyance. 23 Am jur 2d Descent and Distribution '3

71. . Corkery v Dorsey, 223 Mass 97, 111 NE 795.

This is the purpose for the 1040 Form. All that funny money (Federal Reserve Notes) floating around represents the estate of the spendthrift trust.

72. United States v Dallas Nat. Band (CA5 Tex) 152, conformed to (DC Tex) 67 F Supp 573, revd on other grounds (CA5 Tex) 164 F2d 489



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