AFFIDAVIT OF CORPORATE DENIAL

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					Denial of the attempted conversion, by Idem Sonans, of the Living Soul John Joseph Smith into a corporate entity or legal fiction entitled “JOHN J SMITH”, a Nom De Guerre, by the National Government for purpose of controlling the Living Soul for its Commercial interest through such conversion into a Corporation or Constructive Trust under the Social Security Act

AFFIDAVIT OF CORPORATE DENIAL ****************************************

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This sworn statement is a declaratory presentment to the Internal Revenue Service (IRS) and the Social Security Administration (SSA) of the firm and complete denial that I, John Joseph Smith, the Living Soul, have ever, with full knowledge and awareness, agreed to or have established understanding, acceptance, or agreement of any sort to be identified as a Corporation, Constructive Trust, or any other variety of artificial entity via the Social Security Act or IRS collection claims against “JOHN J SMITH”. It has recently come to my attention that the IRS, & the SSA, continually and purposely make presumptive allegations from all IRS current and past correspondence by use of the “idem sonans” “JOHN J SMITH” that I, the Living Soul, agree to in spite of the lack of knowledge or awareness of the allegation(s) of being a corporation, constructive trust, or any other variety of artificial entity merely by the use of the all capital letter name. The entity “JOHN J SMITH” is not me. I have no nexus with that entity. This has been accomplished as documented by Federal and State Rules of Civil Procedure. Particular reference herein is found in the Texas Rules of Civil Procedure, Rule 52, “Alleging a Corporation”. Rule 52 states “An allegation that a corporation is incorporated

shall be taken as true, unless denied by the affidavit of the adverse party, his agent or attorney, whether such corporation is a public or private corporation and however created.”
In the case of Galleria Bank v. Southwest Properties, 498 Southwest 2nd, there is the stipulation that “The failure of an adverse party to deny under oath the

allegation that he is incorporated with the necessity of proof of the fact [it becomes part of the official record].”

As such, it is now clearly evident that the IRS has intentionally, premeditatedly, with intent to deceive in all presentments and claims of debt in its correspondence to make the allegation by the all capital letters name “JOHN J SMITH” to be a corporation, constructive trust, or any other variety of artificial entity. Any artificial entity so described exists by privilege and privileges are taxable by governments.

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Thus, the claim of debt obligation against John Joseph Smith, the Living Soul, who was quietly claimed by idem sonans to be an entity existing by privilege, which is thus liable for taxation by the mere existence of such a privilege. There can be no truth that arises from a fraud. The claims of debt against “One of the People” who is a secured party to the Constitution of the united States of the America is in truth a fraudulent conveyance of the language for the extortion of the truth and extortion of the money. I am not a party made liable for the federal income tax from the Legislative Intent of the 16th Amendment written by President William H. Taft and published in the Congressional Record of the United States Senate on pages 3344-3345. I am not subject to the exclusive jurisdiction of the federal government or any IRS District. I am not a federal employee nor is there a contractual agreement from obtaining a SSN. I, John Joseph Smith, the Living Soul, do hereby rebut any and all presumptions that have ever been made against me under the “idem sonans” deception of the nom de guerre “JOHN J SMITH” to be „Void Ab Initio.‟ All IRS documents that have used the artificial entity identified as “JOHN J SMITH” for the creation of a taxable liability for the Subtitle A income tax, the Subtitle B Estate & Gift income tax, and the Subtitle C Chapter 24 Collection of income tax at source, et al, are forevermore declared to be “Void Ab Initio” as there was no legal validity for such at any time. Verified by this Affidavit, now and for all times, to be a matter of record the adverse party, John Joseph Smith, proclaims in truth that:
1) The IRS has no legal capacity to sue or that the adverse party has no legal capacity to be sued as a Living Soul vis-à-vis an artificial entity.

2) The IRS is not entitled to recover in the capacity in which it would sue, or that the adverse party is not liable in the capacity of an artificial entity to be sued. 3) There exists a defect of parties, plaintiff, or defendant. 4) A denial of partnership as alleged in or by any pleadings as to any party to the suit. 5) Any party alleged in any pleading to be a corporation, constructive trust, or any artificial entity is not incorporated as alleged. 6) A denial of the genuineness of the indorsement or assignment of a written instrument upon which suit is brought by an indorsee or assignee and in the absence of such a sworn plea; the indorsement or assignment thereof shall be held as fully proved. The denial required by this subdivision of the rule may be made upon information and belief. 7) A written instrument upon which a pleading is founded is without consideration, or that the consideration of the same has failed in whole or in part. 8) A denial of an account, by this affidavit, which is the foundation of the IRS action.

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9) A contract sued upon or contract claimed to be in existence is an attempted usurpation of power and authority, which only resides with the adverse party. 10) Notice and proof of loss or claim for damage or debt liability has not been given as alleged by the IRS. Unless such plea is filed within 30 days from the date of this affidavit, such notice and proof shall be presumed and no evidence to the contrary shall be admitted. A denial of such notice or such proof shall be made specifically and with particularity. 11) A party plaintiff or defendant is not doing business under an assumed name or trade name as alleged. 12) Any other matter required by statute to be pleaded under oath.

“One sovereign does not need to tell another sovereign that he/she is sovereign. The sovereign is merely sovereign by his very existence. The rule in America is
(1911), page 1043, section 33.

that the American people are the sovereigns.” Kemper v. State, 138 Southwest 1025
John Joseph Smith is a sovereign and a secured party to the Constitution of the united States of the America and enjoys all protections of his/her God-given Rights so enumerated or reserved. There is no lawful or legal authority for the national government, a creation of limited delegation of Rights of “We the People” [the Master] and thus a servant to the Master to continue in such fraudulent conveyances. There is no quarter or protection, nor can there be, for any federal employee, federal officer, or elected official of the United States to continue to make claims for a debt by the use of the legal fiction or nom de guerre “JOHN J SMITH” to identify the Living Soul, John Joseph Smith, as a corporation, constructive trust, or any other artificial entity which would be contrary to this sworn statement under oath.

These facts and presentments in this Affidavit on behalf of the Living Soul, John Joseph Smith, are true and correct representation of the facts and this concludes my Affidavit. This Affidavit is sworn to under penalties of perjury under the common law of the united States of the America and without the United States. All Rights Reserved.

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NOTICE TO PRINCIPAL IS NOTICE TO AGENT; NOTICE TO AGENT IS NOTICE TO PRINCIPAL

_____________________________________ John Joseph Smith, the Living Soul Secured Party American National

State: _________________________ County: _______________________ Before me, ____________________________________, a Notary Public, on this day personally appeared John Joseph Smith, known to me or proved to me with valid identification to be the individual or living soul whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this ______ day of ________________, 2003. ______________________________________________ Signature of Notary Public My Commission Expires: _______________________ (Seal of Office)

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