Prepared by:

Daniel Doyle Benham

c/o P.O. Box 217
Twin Lake, Michigan 49457
To:
IRS Commissioner, Mark Everson
Individually and officially
Internal Revenue Service
1111 Constitution Ave. N.W.
Washington, D.C. 20224
Michigan Department of Treasury
State Treasurer, Jon Rising
Individually and officially
Lansing, Michigan 48909

Certified Mail # 7000 0520 0013 9726 4080

Certified Mail # 7000 0520 0013 9726 4066

Affidavit in Fact
The undersigned Affiant, Daniel Doyle Benham i.e. Affiant does herewith assert and
declare on Affiants unlimited liability and willing to testify to the facts herein that
Affiant issues this Affidavit in Fact with sincere intent, that Affiant is of sound mind, over
the age twenty-one and competent and able if requested to state the matters set forth
herein, that the contents are true, accurate, correct, and complete in accordance with
Affiants knowledge, belief, and understanding.
Notice to principle is notice to agent. Default to principle is default to agent.
1. This Affidavit in Fact is to be incorporated into or in addition to Constructive
Notice of Demand for Direct Challenge to Personal Authority dated February 13,
2006 and duly recorded at LIBER 5106 PG 418-452 in Ottawa County, Michigan on
02/16/2006 1:32:57 P.M.
2. Affiant herby corrects an error within the Constructive Notice of Demand for Direct
Challenge to Personal Authority dated February 13, 2006 and duly recorded at within
LIBER 5106 PG 418 that reads there is are very likely to it appears that you are
very likely.
3. Affiant was born in Michigan state. (See line 1 herein at LIBER 5106 PG 448-451)
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4. Affiant is a Michigan state Citizen, a National of Michigan, a Michiganian as defined

in the United States Style Manual at 5.23.
5. Affiant is neither a resident alien nor an alien to Michigan.
6. Affiant does not live in any federal territory or area that has been owned or purchased
by the United States federal government.
7. Affiant does not live on or in any land ceded to the United States federal government.
8. Affiant is not a legal entity of any kind.
9. Affiant is not a tax protestor.
10. Affiant secured a response from the Congress of the United States House of
Representatives, BARBARA KENNELY, dated January 24, 1996 that reads in part:
you asked if Section 3(a) of H.R. 97 defining the word state, and 26 U.S. Code
3121(e) are the same According to these legal experts the definitions are not the
same. The term state in 26 U.S. Code 3121(e) specifically includes only the named
U.S. territories and possessions of the District of Columbia, Puerto Rico, the Virgin
Islands, Guam and American Samoa. (See exhibit A)
11. Affiant secured a response from Carroll Field, Tax Law Specialist for the Department
of treasury admitting that the Internal Revenue Service is subject to the
Administrative Procedures Act. (See Line 1 herein at LIBER 5106 PG 432)
12. Affiant requested from the IRS several administrative decisions, answers,
clarifications, hearings or meetings dating back to 2002.
13. Affiant has not received any administrative decisions, answers, clarifications, or dates
and time for any administrative hearings or meetings as requested by Affiant.
14. Affiant finds in the Preamble to the Constitution of the United States of America that
We the people of the United States, in order to form a more perfect union, establish
justice, insure domestic tranquility, provide for the common defense, promote the
general welfare, and secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this Constitution for the United States of America.
15. Affiant finds Article 1 Section 8 of the Constitution of the United States of America
to read: To exercise exclusive legislation in all cases whatsoever, over such District
(not exceeding ten miles square) as may, by cession of particular states, and the
acceptance of Congress, become the seat of the government of the United States, and
to exercise like authority over all places purchased by the consent of the legislature of
the state in which the same shall be, for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings; Affiant further finds the same language
found in 4 U.S.C.A. Sec. 71 and 72.
http://www.law.cornell.edu/uscode/html/uscode04/usc_sup_01_4_10_3.html
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16. Affiant finds at 16 Stat 419 That all that part of the territory of the United States
included within the limits of the District of Columbia be, and the same is hereby,
created into a government by the name of the District of Columbia, by which name it
is hereby constituted a body corporate for municipal purposes and exercise all other
powers of a municipal corporation. This clearly establishes this specific United
States as a municipal corporation with limited corporate municipal powers only.
17. Affiant finds in 19 Corpus Juris Secundum 883 to read in part: The United States
government is a foreign corporation with regards to a state.53 Sec. 884 reads in part:
Rather, it must dwell in the place of its creation, and cannot migrate to another
sovereignty.57 53 see: Ala- Ex Parte First Alabama Bank of Montgomery, N.A.,
461So.2d 1315; 57 see: U.S.- Cream of Wheat Co. v. Grand Forks County, N.D., 40
S.Ct. 558, 253 U.S. 325, 64 Led. 931. This clearly agrees with points 14 and 15
herein this affidavit and establishes that the United States lacks jurisdiction and
authority outside its corporate citizens, contracts, possessions, and place of creation,
hence (not exceeding ten miles square).
18. Affiant is not aware of any contracts or agreements between Affiant and the United
States, in its municipal capacity or otherwise.
19. Affiant is neither a citizen nor a possession of the United States.
20. Affiant understands the United States Constitution to be a limitation upon the United
States government and its agents.
21. Affiant understands the 1835 Constitution of Michigan to be the founding state
constitution for Michigan when admitted into the union.
22. Affiant finds under the 1835 Constitution of Michigan at Article I Bill of Rights:
First. All political power is inherent in the people. and
17. No bill of attainder, ex post facto law, or law impairing the obligation of
contracts, shall be passed; and
19. The property of no person shall be taken for public use, without just
compensation therefor. and finally
21. All acts of the legislature contrary to this or any other article of this Constitution
shall be void.
http://www.legislature.mi.gov/
(zhtonwncooiahl2xo3zoyj55)/documents/historical/miconstitution1835.htm
23. Affiant finds in Article 1 Section 8 of the Constitution of the United States of
America to read: The Congress shall have power to lay and collect taxes, duties,
imposts and excises, to pay the debts and provide for the common defense and
general welfare of the United States; but all duties, imposts and excises shall be
uniform throughout the United States;

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24. Affiant finds in Article 1 Section 9 of the Constitution of the United States of
America to read: No capitation, or other direct, tax shall be laid, unless in proportion
to the census or enumeration herein before directed to be taken.
25. Affiant finds in the United States Constitution at Amendment V. that No person shall
be ... deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
26. Affiant finds within 37 Federal Register (FR), Vol. 37, No. 194- Thursday, October 5,
1972, 20960 Department of the Treasury Internal Revenue Service
ORGANIZATION FUNCTIONS at 1111.1 reads in part achieve the highest
possible degree of voluntary compliance with the tax laws and at 1111.2(3) reads in
part also it can be seen that Congress had intended to create a bureau, or thought
they had. This clearly does not establish that the Bureau of Revenue was actually
ever lawfully established by Act of Congress. (See exhibit B)
27. Affiant secured a response from Pat Danner, member of Congress dated September
12, 1996 that an organization with the actual name Internal Revenue Service was
not established by law... This statute established the office of Commissioner of
Internal Revenue. This evidences that neither the Bureau of Internal Revenue nor its
laws were duly enacted by Act of Congress. (See exhibit C)
28. Affiant secured the MEMORANDUM FOR: Honorable George W. Humphrey,
Secretary of the Treasury dated JUN 18 1953 and signed by the Commissioner that
reads: The name Bureau of Internal Revenue is not a name created by statute, but
has been adopted by usage. This clearly establishes that the Bureau of Internal
Revenue was never created by Act of Congress. (See exhibit D)
29. Affiant secured the Conference Report on H.R. 2014 Taxpayer Relief Act of 1997,
July 31, 1997, page H 6633 of the Congressional record, Mr. Obey, Democratic
Congressman from Wisconsin speaking, stated that: Because this is, after all, a
voluntary compliance tax system. We fought a revolution over the principle of fair
taxes. This bill, I am sorry to say, fails that test. (See exhibit E)
30. Affiant secured in the Congressional Record, 78th Congress, Page 2580, March 27,
1943 reads in part: the sixteenth amendment did not extend the taxing power of the
United States to new or excepted subjects It is still fundamentally an excise the
income tax is, therefore, not a tax on income as such. It is an excise tax with respect
to certain activities and privileges which is measured by reference to income of the
producer. The income is not the subject of the tax it is the basis for determining the
amount of the tax. (See exhibit F)
31. Affiant secured a letter from a Mark L. Forman, Legislative Correspondent, United
States Senate dated June 26, 1989 that Based on the research performed by the
Congressional Research Service, there is no provision which specifically and
unequivocally requires an individual to pay income taxes. (See exhibit G)

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32. Affiant finds statements from a Dwight E. Avis, Head of the Alcohol, Tobacco, and
Firearms Bureau of Internal Revenue, under Oath before Congress (2/3/53 2/13/53):
Let me point this out now. This is where the structure differs. Your income tax is a
100% voluntary tax and your liquor tax (A.T.F.) is a 100% enforced tax. Now the
situation is as different as night and day. Consequently, your same rules simply will
not apply.
33. Affiant finds at 26 CFR 601.602 to read in part: The tax system is based on
voluntary compliance
34. Affiant finds at: 26 CFR 601.107 to read in part: to achieve the highest possible
degree of voluntary compliance
35. Affiant finds 12 Stat 472 Sec. 86 and IRC Chapter 64 Subchapter D Sec. 6331(a) to
both show clearly that: there shall be levied, collected on all salaries of officers or
payments to persons in the civil, military, naval, or other employment or services of
the United States, including senators and representatives and delegates in Congress.
These all represent federal personnel. Affiant does not notice any specific liability
upon Affiant within this statute.
36. Affiant can not secure any valid, current, and properly published or duly authorized
statute specifically obligating Affiant or Affiants private property, hence human labor
to be liable for income taxation purposes.
37. Affiant is neither an officer in the civil, military, naval, or other employment or
services of the United States nor a senator, representative, or delegate in Congress.
38. Affiant finds in the Internal Management Document System Handbook at 243.(13)
(7-7-94) within Sec. (2) the Requirement for Printing Delegation Orders in the
Federal Registry that delegations of authority which affect the rights and duties of
taxpayers will be published in the Federal Registry.
39. Affiant finds 26 Code of Federal Regulations (CFR) 601.702 (2)(ii) to be Effect of
failure to publish states any such matter which imposes an obligation and which is
not so published or incorporated by reference will not adversely change or affect a
persons rights.
40. Affiant finds at 3 U.S.C.A. 301(2) Such designation and authorization shall be in
writing, shall be published in the Federal Register.
41. Affiant finds Treasury Order # 150-27, authorized by Reorganization Plan No. 26 of
1950, took the Bureau of Internal Revenue and changed it to the Internal Revenue
Service.
42. Affiant can not find Treasury Order # 150-27, in the Federal Register in compliance
with requirements of the Federal Registry Act. (See 44 U.S.C. 1501 et seq.,
particularly 1505(a))

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43. Affiant finds Executive Order. No. 10289 dated Sept. 17, 1951 signed by HARRY S.
TRUMAN. Providing for the Performance of certain Functions of the President by
the Secretary of the Treasury.
44. Affiant is unaware of any Presidential Executive Order that compels performance
or obligations upon state Citizens.
45. Affiant is unaware of any legislative power held by the Executive branch of the
United States government. (See the separation of powers doctrine)
46. Affiant finds at 31 U.S.C.A. Subchapter 1. Organization Section 301 through Section
309 does not display the Internal Revenue Service as part of the Department of the
Treasurys organization.
47. Affiant secured IRS flow chart dated 01-07-99 and could not find the IRS under the
Secretary for Enforcement for the Department of the Treasury. (See exhibit H-1)
48. Affiant finds an updated Treasury Department flow chart, (See exhibit H-2)
49. Affiant finds on the updated flow chart that the Internal Revenue service is directly
under the Deputy Secretary ie: Assistant Secretary.
50. Affiant finds within the Law Revision Council of the House of Representatives
website: The Office of the Law Revision Counsel of the U.S. House of
Representatives prepares and publishes the United States Code pursuant to section
285b of title 2 of the Code. http://uscode.house.gov/about/info.shtml
51. Affiant finds at the Law Revision Council website: The following titles of the Code
have been enacted into positive law: 1, 3, 4, 5, 9, 10, 11, 13, 14, 17, 18, 23, 28, 31, 32,
35, 36, 37, 38, 39, 40, 44, 46, and 49. http://uscode.house.gov/about/info.shtml
52. Affiant can not find 26 USC, the Internal Revenue Code, in the list provided by the
Law Revision Counsel.
53. Affiant secured a response from the United States Treasury, Disclosure Officer
Cynthia J. Mills that reads: The Internal Revenue Code is not positive law, it is
special law. It applies to specific persons in the United States who choose to make
themselves subject to the requirements of the special laws in the Internal Revenue
Code by entering into an employment agreement with the U.S. Government. (See
exhibit I)
54. Affiant understands positive law to mean Law actually and specifically enacted or
adopted by proper authority.

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55. Affiant finds 1 U.S.C.A. 204(a) to admit the United States Code establishes prima
facie the laws of the United States.
56. Affiant understands prima facie to mean at first sight; on the first appearance; on
the face of it; so far as can be judged from the first disclosure; presumably; a fact
presumed to be true unless disproved by some evidence to the contrary.
57. Affiant finds at the Law Revision Counsel website: Positive law codification bills
prepared by the Office do not change the meaning or legal effect of a statute being
revised and restated. http://uscode.house.gov/codification/legislation.shtml
58. Affiant finds the Law Revision Counsel of the House of Representatives admits the
Statutes at Large are accepted as stand alone facts accepted in any court across the
nation of the intent of Congress. No further examination is required when a Statute at
large is presented as legal evidence.
59. Affiant found in the 2005 U.S. Form 1040A Instructions manual, as well as any
others, under the Disclosure, Privacy Act, and Paperwork Reduction Act Notice on
page -58- are not compelled or requiring to provide the information unless a valid
OMB control number is on the form.
60. Affiant finds OMB Number 1545-0074 displayed upon every 1040 U.S. Individual
Income Tax Return, not limited by the years 2000, 2001, 2002, 2003, 2004, and 2005.
61. Affiant finds 26 CFR Part 602.101 OMB Control numbers to be the implementing
regulations used for OMB Control number 1545-0074 as displayed on the 1040 Tax
return.
62. Affiant finds 26 C.F.R. Sec. 1.23-5 for the year 1999 and 26 C.F.R. Sec. 1.1(h)-1(e)
for the year 2002.
63. Affiant finds 26 C.F.R. 1.23-5 deals with energy conserving components or
renewable energy sources.
64. Affiant has never and does not engage in any energy conserving components or
renewable energy sources.
65. Affiant can not fill out any form under the penalty of perjury without completely
understanding the law or authority behind the requirement with penalties.
66. Affiant finds 26 C.F.R. Sec. 1.1(h)-1(e) for the year 2002 to apply to partners and the
partnershipin the case of sales or exchanges of interest in a partnership, S
corporation, or trust that cause holders of such interests to recognize collectible gain.
67. Affiant has never become a partner, partnership, S corporation or trust.
68. Affiant received neither options nor capital gains.

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69. Affiant finds 26 CFR 1.1-1 to read: Tax on Individuals

70. Affiant finds the only OMB Control number regulation for 26 CFR 1.1-1 Tax on
Individuals is OMB Control number 1545-0067 which is specific to Form 2555
with a title of Foreign Earned Income displaying the OMB Control number.
71. Affiant has never had any Foreign Earned Income so Affiant has found this Form
2555 can not be the form Affiant needs to complete.
72. Affiant can not find any appropriate IRS form with a valid OMB Number that is
required to be made or filled out by Affiant.
73. Affiant notices 5 U.S.C.A. 556(d) that the proponent of a rule or order has the
burden of proof. This is the IRC or the IRS and Affiant has requested the IRS to
evidence their proof for many alleged rules or orders and to date, the IRS or its agents
have never specifically answered Affiant.
74. Affiant secured the UNITED STATES ANSWER AND CLAIM from Diversified
Metal Products v. T-Bow Company Trust, Internal Revenue Service, and Steve
Morgan, Civil No. 93-405-E-EJL, dated the 18th day of November of 1993. It claims
under 4. Denies that the Internal Revenue Service is an agency of the United States
Government (See 3 page exhibit J)
75. Affiant finds 38 Stat. 731 and 15 U.S.C.A. Sec. 17 establishing that The labor of a
human being is not a commodity or article of Commerce. And that 47 U.S.C.A. Sec.
606 provides That nothing in this section shall be construed to repeal, modify, or
affect either section 17 of title 15
76. Affiant finds the meanings of terms within the IRC and/or 26 U.S.C.A. Sec. 7701 for
trade or business to read specifically performing the functions of a public office.
77. Affiant secured a response from the United States Treasury, Disclosure Officer
Cynthia J. Mills that reads in part: The law is that income from sources not
effectively connected with the conduct of a trade or business within the U.S.
Government is not subject to any tax under subtitle A of the Internal Revenue
Code.(See again exhibit I)
78. Affiant never knowingly performed any functions of a public office.
79. Affiant has never received any privileges from the United States.
80. Affiant finds in 19 C.F.R. 351.102 Definitions: Direct tax' means a tax on wages,
profits, interests, rents, royalties, and all other forms of income, a tax on the
ownership of real property, or a social welfare charge. And also Indirect tax' means
a sales, excise, turnover, value added, franchise, stamp, transfer, inventory, or
equipment tax, a border tax, or any other tax other than a direct tax or an import
charge.
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81. Affiant finds within 53 Stat 574 that gross income is amended by inserting after the
words compensation for personal services the following: (including personal
services as an officer or employee of a State,)
82. Affiant is not an employee of any State nor has Affiant ever been an employee of the
State in order to receive services.
83. Affiant finds at 62 Stat 1488 CHAP 265 the term compensation means any salary,
wage, fee, allowance, or other emolument paid to an employee for services in a
position.
84. Affiant finds at 62 Stat 1488 CHAP 265 the term employee means any person
temporarily or permanently in a position.
85. Affiant finds at 62 Stat 1488 CHAP 265 the term position means a specific civilian
office or employment, whether occupied or vacant, in a department other than the
following: Offices or employments in the Postal Service: teachers, librarians, school
attendance officers, and employees of the community center department under the
Board of Education of the District of Columbia:
86. Affiant finds at 53 Stat 577 Sec. 210 that the term officer or employee includes a
member of a legislative body and a judge or officer of a court.
87. Affiant neither holds nor ever has held a specific civilian office or employment.
88. Affiant, via certified mail, disputed alleged taxable income reported by private sector
employer Cherry Capital Olds Cadillac Subaru for all years Affiant was there.
89. Affiant has received no response from private sector employer Cherry Capital Olds
Cadillac Subaru to date.
90. Affiant, via certified mails, disputed alleged taxable income reported by private sector
employer Tom Miller Pontiac Honda GMC Truck for all years Affiant was there.
91. Tom Miller, individually, requested Affiant to take the documents back because he
was terrified that the IRS or agents would retaliate against the employer.
92. Affiant has received no response from private sector employer Tom Miller Pontiac
Honda GMC Truck to date.
93. Affiant understands that private sector employers are, in fact, not IRS withholding
agents by contract.
94. Affiant finds 26 IRC 6700, 7201, 7203, have no specific parallel Table of
Authorities, implementing regulations, found within the CFR. .

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95. Affiant finds the only implementing regulation for 26 IRC 6701 is 27 CFR Part 70.
96. Affiant finds 26 CFR Part 70 is CHAPTER I--ALCOHOL AND TOBACCO TAX
AND TRADE BUREAU, DEPARTMENT OF THE TREASURY PART 70-PROCEDURE AND ADMINISTRATION.
97. Affiant finds 27 CFR Parts 24, 70, 170, and 296 grants authority specifically to
Alcohol, Tobacco and Firearms (ATF) officers and NOT to IRS agents.
98. Affiant requested from the BATF on January 20, 2003 for copies of documents
verifying that any another agency outside the Dept. of Justice or the ATF has
authority under 27 CFR Parts 24, 70, 170, and 296. Affiant has received no response
at all to this request.
99. Affiant finds that 27 C.F.R. 70.23 Service of Summons (b) Persons who may serve
summonses; clearly states: any appropriate ATF officer may serve a summons issued
under 26 U.S.C.A. 7602. This clearly does NOT include IRS agents.
100. Affiant does not engage in any Alcohol, Tobacco Products and Firearms and does
not understand how any sections of 26 IRC with parallel authorities found within 27
CFR can affect Affiant or Affiants rights in any way absent Affiants engagement in
Alcohol, Tobacco Products and Firearms.
101. Affiant, and others, witnessed statements made by IRS CID Supervisory agent
Bruce E Harris II in September 2003 admitting that the Service Center for the IRS,
must stamp a tax return with a document locater number in order for that tax return to
be considered filed by the IRS.
102. Bruce E Harris II further stated that according to IRS procedure, a tax return is not
considered filed unless the IRS Service Center stamps it with a docket locater
number.
103. Affiant can not be liable for the IRS Service Centers duty and responsibility in
filing a tax return as procedurally described by the IRS supervisory agent in 101
and 102 herein.
104. Affiant requested, on May 10, 2004, from the Systems Manager for Financial
Management System (FMS), Department of the Treasury for any amounts within their
records establishing or evidenced that Affiant has any current or outstanding debt(s)
to the United States.
105. Affiant has, to this date, not received any confirmation from FMS evidencing any
debt of any amount to the United States from Affiant.

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106. Affiant requested several times from the IRS and the treasury Department, with
no response to date, for any documentation evidencing Affiant has any statutorily
taxable income.
107. Affiant finds in any IRS 1040 Forms and Instructions to read: The IRS Mission.
Provide Americas taxpayers top quality service by helping them understand and meet
their tax responsibilities
108. Affiant continues to make simple and relevant requests for any statutorily taxable
income yet Affiant receives silence from any Treasury or IRS department or
Commissioner.
109. Affiant repeatedly finds every IRS agent is unwilling to answer any questions
from Affiant.
110. Affiant repeatedly finds every IRS agent is unwilling to help Affiant find any
particular and specific delegation of authority of the Commissioner, or any under his
control, to even obligate Affiant in the IRC, any tax return, or any civil or criminal
matters regarding the same.
111. Affiant repeatedly finds every IRS agent is unwilling to help Affiant understand,
in detail, the alleged authority or jurisdiction the IRS, IRC or agents claim to have.
112. Affiant repeatedly finds every IRS agent is unwilling to help Affiant understand,
in detail, the jurisdiction of the IRC that can be lawfully imposed upon Affiant.
113. Affiant repeatedly finds every IRS agent is unwilling to explain, in detail, any
procedure, statement, court case, or determination in most matters.
114. Affiant does not understand why every IRS agent Affiant has spoke to, has
repeatedly told Affiant they will not and do not have to answer Affiants questions.
115. Affiant has requested, several times, a copy of any valid 4340 Assessment form
that has been completed against Affiant.
116. Affiant has never received, up to this date, any confirmation of any valid 4340
Assessments against Affiant.
117. Affiant has knowledge of several agents that know or have been asked by Affiant
for help. Some are are: the State Federal Liaison agent David Tash; IRS CID Special
agent Devon Thomas, who admits she is, in fact, not truly named Devon Thomas; IRS
supervisory special agent Bruce E. Harris II.; several agents within the IRS
Disclosure office of Detroit; the Secretary of the Treasury; The IRS Commissioner;
agents within the BPD; disclosure agents within the ATF; certain members of
Congress; and IRSTIG agent Jon Street.

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118. Affiant was told by Michigan Treasury agent Dalton Tansil, that when there is no
federal tax liability then there is, in fact, no Michigan State tax liability. See also
INCOME TAX ACT OF 1967 found at Michigan Compiled Laws Chapter 206.30 and
206.201
119. Affiant was told by Michigan Treasury agent Dalton Tansil that Michigan Income
Tax 1040 forms are dependant upon, and in fact, piggybacks off the federal IRS and
IRC. Affiant can not become liable to Michigan 1040 unless a U.S. 1040 form is, in
fact, required to be made and submitted by Affiant.
120. Affiant, via phone with a Mrs. Derby on April 13, 2005 at 11:00AM, asked Mrs.
Derby if Affiant had a statutory obligation to submit an Individual 1040 tax return.
121. Mrs. Derby further admitted the U.S. 1040 was the form Affiant was required by
statute to fill out and submit. Affiant has since then, found Mrs. Derbys claim to be
inaccurate.
122. Affiant, due to Affiants religious beliefs, does not agree to a social security
number from the Social Security Administration as Affiants religious belief is that a
social security number is the mark of the beast.
123. Affiant finds the Social Securitys official website admits that Without a number,
you may not be able to get a job and could loose Social Security benefits in the
future. This clearly implies that obtaining a social security card is, in fact, voluntary.
http://www.socialsecurity.gov/online/ss-5.pdf
124. Affiant finds on the Social Security Administrations official website that: Must
my child have a Social Security number? No. Getting a Social Security number for
your newborn is voluntary. http://www.ssa.gov/pubs/10023.html
125. Affiant finds on the back of many social security cards This card belongs to the
Social Security Administration and you must return it if we ask for it clearly
establishing that no social security card, in fact, was ever owned by Affiant.
126. Affiant secured a response dated January 10, 1990 from the Department of Health
and Human Services, signed by Penny Payton that Social Security is a voluntary
system in that no one is required to get a number. (See exhibit K)
127. Affiant has had over $36,000.00 in property erroneously withheld between
employers via influence from Michigan Treasury Department and the IRS for the
years 2000 through 2003, for demands, statements, alleged claims, and alleged
representations made by the IRS or Michigan Treasury Department.
128. Affiant has been damaged in excess of $7500.00 on top of the erroneously
withheld property as a result for paralegal services, certified mailings, tax researcher
and other actual costs.

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Any man or woman desiring to rebut this Affidavit in Fact asserted herein must rebut
each and every point individually within this Affidavit under sworn Affidavit of Rebuttal
executed true correct, and complete with their official and individual signature notarized.
Any rebuttal shall be mailed to the above mentioned address within twenty (20) calendar
days of receipt or be in default herein. Said default shall constitute fact in law regarding
any element un-rebutted within this affidavit. Said default shall also apply to any under
the control of or delegated by the parties this affidavit is sent to. Silence shall be tacit
procuration and acquiescence that the facts herein are true accurate and stand as fact in
any court or administrative procedure. Said default shall establish implied and endorsed
record in confession and consent in judgment of the facts herein. Said default shall bar
any and all actions, rather administrative, civil, or criminal, against Affiant regarding any
fact and element found herein. Said default shall further constitute repayment of Affiants
property erroneously withheld. Affiant further reserves Affiants right to amend or add to
this Affidavit in Fact in the event newly discovered evidence is found by Affiant.

__________________________________
Daniel Doyle Benham, a Michigan national,
one in We the people with the political
status the same as the original founding
fathers.

Jurat
On this day came before me the Affiant attests and affirm the signature is true and
complete on the foregoing affidavit. Daniel Doyle Benham the undersigned, upon proper
identification, personally came before me a notary public and duly affirmed the truth of
the foregoing with the Affidavit in my presence. The Affiant also acknowledged the
signing thereof to be his own voluntary act and deed.
Signed this ____ day of ____________________, 2006 at _______________________.
My commission expires on: _____________
By_________________________

seal:___________________

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