9 01 2005 FTB Hop 2

DISTRESS INFINITE
Robert Vincent Crifasi ~ in Toto, Sui Juris Patronus

All absolute Rights claimed Without Prejudice
Herewith all is e-published online @:
Libera Res Publica, free from things public.
http://www.crifasi.net/sunflower.html
Former SSAN (no longer active): 092402212 is void
Mailing address used without prejudice to rights
General Post, Fremont, California Republic, one State in America
In care of c/o: 42900 Nido Court
Fremont, Non-Domestic, is in the real California Republic
No Zip Code used [DMM 122.32]
Thursday, September 1st, anno Domini 2005
Tracking No: 9.01.2005.FTB/Hop.1
Respondents:
To: Gerald H. Goldberg, Chief Executive Officer
C/O: John Davies, Chief Counsel
FRANCHISE TAX BOARD CORPORATION
PO Box 942840
Identify yourselves!
Sacramento, CA 94240-0040
Notice to the Agents is Notice to the
CERTIFIED MAIL:
Principal
Notice to the Principal is Notice to the
Agents
To: Jill Hopkins, Taxpayer Advocate Bureau
FRANCHISE TAX BOARD CORPORATION
P.O. Box 157
Rancho Cordova, CA 95741-0157
CERTIFIED MAIL:
Administrative Notice of Error:

Notice of Interstate Communication Fraud (via telephone)
Re: FTB INC File #: 092402212(void)
To all to whom these Presents shall come:
C/O: John Davies, individual
C/O: Jill Hopkins, individual
C/O: Gerald H. Goldberg, individual
Formalities
Greetings!
Comes now, Robert Vincent Crifasi, omniscient; abiding within the Common Law and
the perfect law of Liberty where the Almighty Creator prevails; a Sovereign Citizen of
the de jure California republic constituted in anno Domini, 1849; by birth a US nontaxpayer if anything; a white male created freeborn by our Omniscient God above all
gods, herewith walking in Spirit incarnate, sojourning in one of the several States of
the Union in America, the republic; appearing specially and not generally, to protest
timely:
__________________________________________________________________________________________________
This Affidavit and all attached documents are made part of the Public Record, and will be used in administrative and judicial proceedings at law
or equity, regarding Me, One living, breathing, redeemed Son of Our Almighty Creator and Great Spirit Which created Thee Omnisciently, and
Who, by enacted federal law and the Legislative intent of the 16 th Amendment, is a US nontaxpayer if anything, as he is neither the subject
nor the object of federal revenue laws.
ALL of these documents must be RECORDED and maintained in Claimants Administrative File and/or Individual Master File (IMF), then upon
the Recovery of My Property, in toto, the files are to be closed, & the Numident unlinked to Me.
Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 1 of 9
I, Spirit incarnate, alive; livening & breathing; hereon-in Toto, Me, Myself: The
undersigned Signatory in Liberty, poised Avante-guard to defend my absolute Rights
and Liberty in the California republic.
When in the Course of human events it becomes necessary for one people, Me,
Myself to dissolve the coerced political bands which have deceptively connected Me
with another and to assume among the powers of the earth, the separate and equal
station to which the Laws of Nature and of Nature's God entitle Me, a decent respect
to the opinions of mankind requires that I, walking Spirit incarnate, should declare the
causes which impel Me to the separation.
Plain Statement of Facts

In response to your unrecorded, unverified frivolous telephone call by a purported Jill
Hopkins, on September 1st, a.D. 2005:
Ms. Hopkins unverified statements concerning my recent correspondences are
hereby Rejected for Cause, without dishonor and without recourse to me. I
consider Ms. Hopkinss threats concerning the ongoing misgiving actions of the
officers and employees at work in the FTB as an attack on my private Liberty. I
expressed same to Ms. Hopkins verbally, to which she fell silent.
I believe Ms. Hopkinss telephone call was coercive solicitation to draw me into
dishonor, and an attempt to traverse your legitimate answer to my valid claims,
previously filed.
Ms. Jill Hopkins (unverified persona) is merely an FTB corporate employee
seemingly at work to solicit customers. Ms. Hopkins is in error and in
violation of my lawful stand, and I told her so. However, Ms. Hopkins works
under the direction and supervision of the principal in the first degree,
Gerald H. Goldberg. Word!
NOTICE is hereby served: Ms. Hopkins actions are not in harmony with common
law, due process, nor with the California Commercial Code and other laws. Ms.
Hopkins is seemingly acting outlaw, or in ignorance of all the facts at hand already
presented and accepted by Gerald H. Goldberg by default.
Estoppel by acquiescence
The doctrine of estoppel by acquiescence may prevail when Party A (me) makes legal
notice to Party B (Gerald H. Goldberg, FTB) of Party A's assertion of a fact (I am a US
'non-taxpayer' by common right) or legal principle (I am not in receipt of bona fide
evidence to the contrary)[CCC-1103] or claim (I never was a statutory employee
earning statutory covered wages), and Party B (FTB employee(s)) fails to refute,
reply to, or to defend (within "a reasonable period of time") against said claim. In this
circumstance, Party B (FTB, et.al.) is said to have acquiesced to the claim or position
taken by Party A, and by acquiescence, generally is considered to have lost the legal
right to make a counterclaim.
Please refer to my response to your Notice of Proposed Assessment Number 014294859-022304 dated Thursday, February 26, anno Domini 2004; sent via USPS
CERTIFIED MAIL: 7003 1680 0007 2448 7289, delivered at 6:16 am on March 04,
2004 in SACRAMENTO, CA 94240. The item was signed for by P MARSH.
__________________________________________________________________________________________________
Herein are the pertinent statements from said, already accepted by acquiescence
default from Mr. Goldberg, about 17 months ago:
Therequesteddocumentationprovingyourclaimandtherecordsfulfillingyourobligationto
providerecordspursuanttoCaliforniacodeandUCC9210mustbeinmyhandinfourteen(14)
daysplusmailingtime,orIwilltakeyoursilencetobeyouragreementwithmystatementof
accountandthatyouhavenoclaimagainstmeorROBERTCRIFASI,andthematterwillbefinally
andtotallysettled.Besuretoincludewithyourapprovalorcorrectionofmystatementofaccount,
theaccountingforaccount092402212CRIF,andthelistofcollateral,aswellasevidencequality
documentationprovingyourclaimthatyouhaveauthoritytoenforceaninstrument,including
withoutlimitation,1)certifiedcopiesofdocumentsshowingthatyouareorrepresentabonafide
creditorinacollectionprocess,2)thename(s),address(es),andtelephonenumber(s)ofthebona
fidecreditor(s)ifyouareanagent,3)certifiedcopiesoftheregisteredclaimuponwhichyouare
collecting,showingROBERTCRIFASIasthedebtorandsaidbonafidecreditor(s)asthesecured
party/ies,4)yourcopyofthesecurityagreementwithmysignaturesupportingsaidregistered
claim(s),andmywrittenauthorizationforyoutousemynameforprofit.Inthealternative,youmay
withdrawyourclaimthroughwrittennoticetome.
Absentanunambiguousbonafideanswertomyaboverequestfromanauthorizedandduly
delegatedrepresentativeoftheCFTB,notarizedunderpenaltyofperjuryofthelawsoftheStateof
California,Idonotelecttovolunteermysignatureonanyformthatpurportstocreatealegal
liabilitywhennoneexists.
ItisthemoralandlawfuldutyoftheattorneysoftheCaliforniaFranchiseTaxBoardtohewto
thelawandtherecognizedstandardsoflegalconstructionif/whenlifeless,idiotincorporations,
throughclericalerrororotherwise,misreportSomeonesprotectedcommonrighttocontract,
privatecompensationforlabor(pay)earnedintheseveralStates,ascorporateprofitsorYour
Income(asestimated),whateveritis.ThepartialtermIncomeisstrictlydefinedbytheU.S.
SupremeCourtoftheunitedStatesofAmericaasanexciseoncorporateprivilegesandprivileged
occupations.
NOTICEISHEREBYSERVEDthatI,RobertVincent,familynameCrifasi,Me,Myself,Good
Christian,receivednoStateorFederaltaxableincomerequiredtofileareturnintheyearofOur
LordandSavior,ChristJesus,2002annoDominior in any other calendar year.
I will not accept any argument by said employees regarding my proven lawful
standing, i.e. US non-taxpayer, if anything. My stated and documented proof of
same was accepted as estoppel by acquiescence on the part of Gerald H. Goldberg
over a year ago. I did not request or demand Ms. Hopkinss recent intervention or
taxpayer advocacy.
I have transmitted a large volume of correspondence to the employees of the FTB, in
which I have, among other things, explicitly reserved all My absolute rights with
language sufficient to place said employees on actual notice that:
(1) I explicitly reject all benefits of the Uniform Commercial Code and the
California Commercial Code, absent a valid commercial agreement, which is in force
and to which I, and said FTB agents are parties, and I cite its provisions herein only to
serve notice upon ALL agencies of government, whether international, national, state
__________________________________________________________________________________________________
or local, that they are, and I am not, subject to, and bound by, all of its provisions,
whether cited herein or not;
(2) My explicit reservation of Rights has served notice upon ALL agencies of
government of the "Remedy" which they must provide for Me under Article 1, Section
308 of the Uniform Commercial Code and the California Commercial Code at CCC1207, whereby I have explicitly reserved My Common Law right not to be compelled
to perform under any contract or commercial agreement into which I have not
entered knowingly, voluntarily, and intentionally;
(3) My explicit reservation of rights has served notice upon ALL agencies of
government that they are ALL limited to proceeding against Me only in harmony with
the Common Law and that I do not, and will not, accept the liability associated with
the compelled benefit of any unrevealed commercial agreements; and
(4) My valid reservation of rights has preserved all My absolute Rights and
prevented the loss of any such rights by application of the concepts of waiver or
estoppel.
This valid reservation of rights is retroactive nunc pro tunc to My date of majority,
due to My continuous discovery of numerous government frauds instituted before My
birth (e.g. California Elections Code and voter registration affidavit).
My large volume of correspondence is incorporated by reference as if set forth fully
herein (see http://Crifasi.net/sunflower.html).
However, in Good Faith, I herein conditionally accept Mr. Goldbergs offer to have me
agree to file and pay an unapportioned special 540 tax upon verifiable proof-ofclaim that I am a person made liable by the Statute at Large and especially the
implementing regulation of the IRC and the California Revenue and Tax code. Said
liability is the federal 1040 tax prerequisite before establishing the STATE OF
CALIFORNIA 540 tax liability. I do not consent to be subject to just a presumed
corporate liability, unfounded in my case. I believe no said proof exists.
Without said proof, no taxpayer presumes to exist.
NOTICE: CLEARFIELD TRUST DOCTRINE. Governments descend to the level of a
mere private corporation, and take on the characteristics of a mere private citizen...
Where private corporate commercial paper [Federal Reserve Notes] and securities
[checks] is concerned... For purposes of suit, such corporations and individuals are
regarded as entities entirely separate from government. Clearfield Trust Co. v. United
States, 318 U.S. 363-371 (1942). See Note.
Note: The Clearfield Doctrine is stare decisis upon all courts, and imposes that an
entity cannot compel performance upon its corporate statutes or corporation rules
unless it, like any other corporation, is the Holder in Due Course of some contract or
commercial agreement between it, and the one on whom its demands for
performance are made, and is willing to produce said document, and to place the
same into evidence before trying to enforce its demands.
__________________________________________________________________________________________________
Constructive Notices
NOTICE: The Respondents silence and/or lack of immediate compensatory action to
release my property (pay), respond, and/or rebut this presentment via verified
counter-affidavit is Respondents estoppel by acquiescence to the whole Truth
deposed within this Instrument containing the title: Administrative Notice of
Error: Notice of Interstate Communication Fraud (via telephone); Re: FTB INC File
#: 092402212(void) dated September 1st, in the Year of our Lord 2005, Tracking
No: 9.01.2005.FTB/Hop.1; and that FAULT exists, [at CCC-1201(16)], creating
fraud through material misrepresentation that vitiates all forms, contracts,
testimony, agreements, etc. expressed or implied, from the beginning, [at CCC1103].
Silence can also be equated with fraud, where there is a legal or a moral duty to
speak, or where an inquiry left unanswered would be intentionally misleading, see U.
S. v. Tweel, 550 F.2d 297, 299 (1977) quoting U.S. v. Prudden, 424 F.2d 1021, 1032
(1970).
The 50 state Governors, the Congress, and FTB employees in private capacity have a
legal duty to answer all of My written requests and demands, and to honor My stated
domicile within the California Republic. Petitioners are under a general obligation of
good faith, see UCC 1-203, UCC 1-201(19), and Slodov v. U.S., 436 U.S. 236, 257, fn.
22 (1978).
"Bad faith" is synonymous with fraud; FTB employees in private capacity have
concealed that which should have been disclosed, thus suppressing truth, see
Black's.
NOTICE is herein served: A frivolous response is no response, already noticed and
served in previous correspondence.
1.
An additional penalty of $ 5,000.00 charge per each frivolous, misleading,
unattested or otherwise fraudulent response posted via USPS interstate mail.
2.
An additional penalty based at $300.00/hr charged for each frivolous
response rebutted and/or refuted. See Important Legal Notices: USPS Mail Fraud
below.
NOTICE of USPS Mail Fraud: A frivolous response is no response. A USPS Mail
Fraud Report (PS Form No: 8165) will be filed to the US Postmaster General via the
USPS Postal Inspection Service for each unsolicited, unsigned and/or misleading
correspondence deposited via USPS Mail from FTB agents at work.
Any
correspondence required to be mailed via USPS from said FTB agents must be
subscribed in wet-ink, verified & properly addressed to Me exactly as shown in the
letterhead on this Instrument, or else it illumes as aberrant; divergent;
Flypaper; a wrongful post; deemed: (1) frivolous; (2) Rejected for Cause
without Dishonor, and; (3) held in evidence against the scheming individual(s)
who use the interstate US Mail Service for fraudulent purposes.
NOTICE: When I exhaust my administrative remedies, in the interest of Justice: I
will conclude heretofore matters at hand by Notarial Certificate of Default; remove
same to a claims court of competent Jurisdiction; obtain a nihil dicit judgment against
the licentious Respondents and the nefarious individuals at work with them.
__________________________________________________________________________________________________
NOTICE: I seek triple damages as punitive, plus costs and paralegal fees that incur; I
seek interest on damage claims in Court:
I may also have to file criminal complaints against the flagitious Respondents
personally for malfeasance of office; and in their shady individual capacity for
Treason against the constitutions of the States united in America: a revived
Republic.
NOTICE: When I deplete all of my administrative remedies, the Provost Marshal of

any military base may be appealed to for assistance against oppressive domestic
forces (enemies of the Constitution, foreign and domestic):
I may have to file criminal complaints against the miscreant Respondents and
against the calamitous minions at work in/with the foregoing agencies.
NOTICE: I do not grant an extension of time due to the condition of verifiable

DEFAULT that exists regarding the SSA/IRS IMF/BMF-MCC FTB/INC electronic and
material file 092402212 (SSAN / TIN / EIN / ITIN is void).
NOTICE: This document is a living Instrument; the terms used herein are subject to
modification upon discovery.
Statement of Fact
MR. Goldberg, you are acting in verifiable default of my lawful stand within the
perfect law of Liberty, and my Common Law due process rights.
Your refusal to extinguish the errors still found existing in the FTB file is denying my
lawful enjoyment to my property (pay), unlawfully causing me undue hardship and
great distress.
You continue to delay, traverse and or otherwise, sidestep your duty to execute my
Private Writ in Replevin at once. (USPS Registered Mail: RR 035488093 US
delivered Aug. 18, a.D. 2005).
You, and the members your staff, continue to incur additional penalties and criminal
charges for MISPRISON OF FELONY and MISPRISON OF TREASON against the
constitutions of the California republic and the federal US Constitution and against
my absolute Bill of Rights and Liberty.
Rights
1.
I rightly demand Respondents take simultaneous flat-out compensatory

actions to simply extinguish at once, the material gross faults and clerical gross
faults found still living in SSA/IRS IMF/BMF-MCC & FTB INC #092402212(void),
and;
2.
I rightly demand it said cut short any and all "information collection actions"
currently in process, relative to Me.
__________________________________________________________________________________________________
3.
Notices: Respondents who rightly may disagree and/or dispute any item
specified in the previously mentioned Private FTB Writ in Replevin, I simply say:
4.
Stand up: Identify yourself! Produce your Proof of Claim within ten (10) days
of verifiable receipt of this Instrument and place the same into evidence before
trying to enforce your demands, and I will reconsider; I will graciously comply with
your offer on a bona fide claim at once, else:
5.
Hereby: Respondents are ordered to release at once said property; coerced

out of my private account by chicanery and/or by the nondisclosure of fatal
material facts recently brought to my attention.
6.
Hereby: Same said are ordered to release at once the Notice of Tax Lien
(STATE), Instrument Number: 2005103088, unlawfully recorded against ROBERT
V CRIFASI, juristic person idem sonans, at Alameda County, Oakland, California,
and; to properly notify the Claimant of the same.
7.
The foregoing orders encompass all of said property unjustly withheld during
all Years in reversal found living in SSA/IRS/FTB file #092402212(void).
8.
Liquidate same said file and said property at once, Rightly ~ Like, Right Now.
Final Notices
Respondents failure to take immediate compensatory action will prove bad faith,
that is, the willful intent on the Respondents part to violate the law.
It said are herewith in receipt of my constructive notice and demands within the
perfect law of Liberty.
Said now undeniably has full private, personal & individual knowledge of my lawful
standing.
All the foregoing can be avoided simply when the employees of the FTB justly honor
my lawful standing as non-taxpayer if anything, and extinguish the reported errors
found still existing in the FTB file #: 092402212(void). Said errors speak to
Respondents in volumes of previous correspondence, and stand unrebutted.
Therefore and thereby, I demand the simple return of my lawful property (pay) and
liquidation and closure of said file number forthwith.
Without prejudice, Mr. Goldberg, if you are not the proper venue for me to achieve my
Right Goal, then please advise me: Whose chain is the right chain to shake, rattle &
tug-on to obtain relief? Who is thee de facto Boss? Ms. Hopkins? Ms.
Hopkins said that all of my e-mails and correspondence addressed to you
and John Davies individually are sent to her for response.
Notice is hereby served: Ms. Jill Hopkins is merely an FTB corporate
employee seemingly at work in error to solicit customers. Ms. Hopkins is
under the direction and supervision of the principal in the first degree,
Gerald H. Goldberg.
__________________________________________________________________________________________________
Graciously, Mr. Goldberg, I expect to receive your official screamin written response
to formally & properly resolve, and to administratively terminate this case, and to
permanently close the SSA/IRS/FTB files for lack of agency jurisdiction, rather than
res judicata for the Respondents seemingly rampant violations at law: Posthaste,
winged & pronto.
Certification
I herewith recount to all kindred inhabitants who may be hungry to know and thirsty
to hear:
I stand and declare under pains of perjury; under the Common Law of the several
States of the Union in America and the California Republic; without exclusive
federal jurisdiction and abide within the perfect law of Liberty where the statutes of
our Blessed Most High Creator prevail:
I AM competent to stand to the foregoing matters set forth herewith; I have private
knowledge of the facts stated herewith; all the facts stated herewith are admissible
as evidence, and if called upon as a witness; I will testify to their veracity.
I have read the foregoing and all matters expressed herein and herewith are, to the
best of my knowledge and Most High confidence, True; complete; correct; and, not
meant to mislead; enflame; libel; slander; terrorize; obfuscate; intimidate or
incapacitate anyone at work in the FTB and/or incorporate de facto national
governing body.
Conduct yourselves accordingly.
Peace.
Further, I say not
Verification
Sealed, under Authority and by Direct Act of My own hand.
Done at Fremont, in the California

republic without the United States [28 USC 1746(1)], on the fourth (4 th) day of September in the Year of
our LORD, Christ Jesus, two Thousand five (anno Domini 2005), and in the two Hundred twenty-eighth
(228th) year in the independence of America.
My absolute Rights Be / AM / Are claimed and reserved within the perfect law of
Liberty where the Almighty Creator prevails, without Prejudice.
Executed on:
September 4th, Year in Christ, 2005
Private Seal
/s/ _________________________________________
Secured party
Bona fide Holder in Due Course to My Birthright & Property
__________________________________________________________________________________________________
Notice: This Instrument is not complete without the attached ACKNOWLEDGEMENT: Power of
Attorney and all enclosures.
Enclosures:
1. ACKNOWLEDGEMENT: Power of Attorney.
Copies to:
1. Governor Arnold Schwarzenegger; State Capitol Building; Sacramento, CA 95814

USPS Certified Mail:
2. Asm. Alberto Torrico, PO Box 942849, Sacramento, CA 94249-0020

3. State Board of Control, Government Claims Unit, PO Box 303, Sacramento, CA 958123035
4. Bureau of State Audits, 555 Capitol Mall, Suite 300, Sacramento, CA 95814
5. Franchise Tax Board, Attn: Disclosure Office, P.O. Box 1468, Sacramento CA 958121468
__________________________________________________________________________________________________

9 01 2005 FTB Hop 2

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DISTRESS INFINITE

Robert Vincent Crifasi ~ in Toto, Sui Juris Patronus

Tracking No: 9.01.2005.FTB/Hop.1

Administrative Notice of Error:

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 1 of 9

Plain Statement of Facts

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 2 of 9

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 3 of 9

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 4 of 9

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 5 of 9

NOTICE: When I deplete all of my administrative remedies, the Provost Marshal of

NOTICE: I do not grant an extension of time due to the condition of verifiable

I rightly demand Respondents take simultaneous flat-out compensatory

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 6 of 9

Hereby: Respondents are ordered to release at once said property; coerced

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 7 of 9

Done at Fremont, in the California

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 8 of 9

1. Governor Arnold Schwarzenegger; State Capitol Building; Sacramento, CA 95814

2. Asm. Alberto Torrico, PO Box 942849, Sacramento, CA 94249-0020

Tracking No: 9.01.2005.FTB/Hop.1 ~ Page 9 of 9

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