IT MATTERS NOT AS TO AN AGENT, PROSECUTOR, JUDGE OR WHOSOEVER!!
IRS/COVID CRAP WHATEVER.
STAND UP!
If your employer compels you to sign a W9 or a W-4 where the law does not require you to do so and against your free will you can consider you signed the document under duress, coercion/undue influence. If you ever go in front of the judge
and you have to make a plea, the judge will read you the charges and then he will ask you if you understand the charges?
My response would be how can I understand the charges when I have asked for verification in addition how did §83 operate in their determination that my compensation for services is taxable income?
Judge, I am here under threat duress and in fear of going to jail, the agent of the Internal Revenue Service as well as the DOJ attorney are acting on their threat if I did not comply to their demands and ignoring my quest for verification, and now they're asking you to come complicit to their criminal activity that is what I understand.
Coercion. Compulsion; constraint; compelling by force or arms or threat. General Motors v. Blevins, D.C.Colo., 144 F.Supp. 381, 384. It may be actual, direct, or positive, as where physical force is used to compel act against
one's will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. As used in testamentary law, any pressure by which testator's action is restrained against his free will in the execution of his testament. "Coercion" that vitiates confession can be mental as well as physical, and question is whether accused was deprived of his free choice to admit, deny, or refuse to answer. Garrity v. State of N. J., U.S.N.J., 385
U.S. 493, 87 S.Ct. 616, 618, 17 L.Ed.2d 562.
A person is guilty of criminal coercion if, with purpose to unlawfully restrict another's freedom of action to his detriment, he threatens to:
(a) commit any criminal offense; or
(b) accuse anyone of a criminal offense; or
(c) expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or
(d) take or withhold action as an official, or cause an official to take or withhold action.
Model Penal Code, § 212.5. See also Duress; Extortion; Threat; Undue influence.
Duress. Any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would). Subjecting person to improper pressure which overcomes his will
and coerces him to comply with demand to which he would not yield if acting as free agent. Head v. Gadsden Civil Service Bd., Ala.Civ.App., 389 So.2d 516, 519. Application of such pressure or constraint as compels man to go against his will, and takes away his free agency, destroying power of refusing to comply with unjust demands of another. Haumont v. Security State Bank, 220 Neb. 809, 374 N.W.2d 2, 6.
A condition where one is induced by wrongful act or threat of another to make a contract or perform a tortious act under circumstances which deprive him of exercise of his free will. Hyde v. Lewis, 25 Ill.App.3d 495, 323 N.E.2d 533, 537. Includes any conduct which overpowers will and coerces or constrains performance of an act which otherwise would not have been performed. Williams v. Rentz Banking Co., 112 Ga.App. 384, 145 S.E.2d 256, 258.
Duress may be a defense to a criminal act, breach of contract, or tort because an act to be criminal or one which constitutes a breach of contract or a tort must be voluntary to create liability or responsibility.
A contract entered into under duress by physical compulsion is void. Also, if a party's manifestation of assent to a contract is induced by an improper threat by the other party that leaves the victim no reasonable alternative, the contract is voidable by the victim. Restatement, Second, Contracts §§ 174, 175.
As a defense to a civil action, it must be pleaded affirmatively. Fed.R.Civil P. 8(c).
As an affirmative defense in criminal law, one who, under the pressure of an unlawful threat from another human being to harm him (or to harm a third person), commits what would otherwise be a crime may, under some circumstances, be justified in doing what he did and thus not be guilty of the crime in question. See Model Penal Code § 2.09.
Undue influence. Persuasion, pressure, or influence short of actual force, but stronger than mere advice, that so overpowers the dominated party's free will or judgment that he or she cannot act intelligently and voluntarily,
but acts, instead, subject to the will or purposes of the dominating party.
Any improper or wrongful constraint, machination, or urgency of persuasion whereby the will of a person is overpowered and he is induced to do or forbear an act which he would not do or would do if left to act freely.
Influence which deprives person influenced of free agency or destroys freedom of his will and renders it more the will of another than his own. Misuse of position of confidence or taking advantage of a person's weakness, infirmity, or distress to change improperly that person's actions or decisions.
Term refers to conduct by which a person, through his power over mind of testator, makes the latter's desires conform to his own, thereby overmastering the volition of the testator. Parrisella v. Fotopulos, 111 Ariz. 4, 522 P.2d 1081, 1083. For purpose of executing instruments, such exists when there was such dominion and control exercised over mind of person executing such instruments, under facts and circumstances then existing, as to overcome his free agency and free will and to substitute
will of another so as to cause him to do what he would not otherwise have done but for such dominion and control. Board of Regents of University of Tex. v. Yarbrough, Tex.Civ.App., 470 S.W.2d 80, 86, 92.
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