brad.barnhill@mindspring.com
HomeSite v2.5Last Updated: Thursday, January 21, 1999 10:39:01 PM
Those of you who have followed this odyssey know how I feel about bank accounts. I suggest that before you follow me on to this long hard path, you take this as your first step:
Try to live without a checking account for awhile and see how it feels. Personally, I thought it felt GREAT! (Your mileage may vary)
You can do all of your payments on account using Postal Money Orders. They only cost f$0.85, and can be issued for any amount up to f$800.00. I work downtown, so it is no trouble to go to the Post Office on any given day. (Your mileage may vary)
As a soccer referee, I get checks for my remuneration for personal services rendered. I get them from all over the state. It is generally not a problem to cash them, as I work downtown, and just about every bank in the state has a branch within walking distance. (Your mileage may vary)
I always make an explicit reservation of rights above my endorsement, using the phrase: "All Rights Reserved" (See U.C.C. 1-207) I do this to preserve my right to a common law venue, rather than an equity venue should this matter have to come before a court. I also do this to give proper and timely notice to all concerned that I participate in this fraud under threat, duress, and coersion; and that I exchange my labor for worthless government securities under protest.
Some banks take exception to this. For instance, the downtown Branch Manager of the local Central Fidelity Bank refuses to cash checks drawn upon their bank if I make such a reservation of rights. They construe a reservation of rights as a "restrictive endorsement", when a restrictive endorsement is only if I make the check payable to a third party. The next time they do this, I will file a verified complaint.
Anyway, it was Friday. I usually take my paycheck to the local Jefferson National Bank, as they do not charge a service fee for cashing a payroll check for local companies. This time, however, the teller who generally just cashes them was not there, and the teller I used had to get approval. The Assistant Vice President took exception to my reservation of rights and refused to approve it. The conversation went like this:
Me: I have been coming here for over a year and making this reservation of rights. Why is it a problem today?
So I wrote down:
42 USC 405(c)(2)(B)(i) - SSN application erquierments
26 USC 6041(a) and (c) - requires only name, address and amount
31 CFR 103.34 - bank requirement
26 CFR 301.6109-1(c) - ask for number only
She was totally amazed.
She asked, "How can you just rattle that off?"
I replied, "You can imagine how many times per month I have to explain this."
I left her with that and decided to spend a few hours that weekend putting together a package. All of it is available on the internet, go to my links page to find the USC and CFR online.
Here is the letter I wrote and hand delivered the following Monday:Monday, 2 February 1998
L. Gayle Morris
Assistant Vice President &
Assistant Office Manager
Main Office - Lobby
P.O. Box 711
Charlottesville, Virginia
Dear Ms. Morris,
I am sure that you recall that I stopped by this past Friday to cash my paycheck, as I normally do. You took exception to the manner in which I reserve my rights without prejudice to anyone, using the explicit reservation of "All Rights Reserved". I hope I recall correctly that you offered to help me open an account.
I explained at that time that it seems very difficult for someone with my convictions to even exist in today's society. Due to my faith, I am prevented from participating in socialist government welfare programs such as social security. You can find my objection to the inventorying of human flesh at Revelations Chapter 13, verses 16 and 17 which state:
The above is the law my faith requires me to follow, but you seemed surprised that man's laws would allow me to bear no such mark. I wrote down a couple of citations for you and you told me that someone in legal would contact me about their point of view. I was not surprised that no one called. You see, I am quite used to being the hot potato on this issue.
Even though I am not a lawyer, I have read quite of bit of law, in order to protect myself from those who would attempt to impose this sanction upon me. So I will try and break it down for you, as I see no reason for me to have a social security number, according to the laws of the United States.
First, look at the requirement for application at 42 USC 405(c)(2)(B)(i) [Exhibit A]. I included the lead-in part of the section, to include subsection (a), so you did not think I was hiding anything. On the third page, please find (B)(i). Please notice that (I) aliens applying for permanent residency are required to get an SSN in order to work in the United States. For all others (II) it is voluntary in order to obtain benefits from the federal government. As this is repugnant to my faith, I choose not to volunteer. As a Citizen born in one of the states of the Union, I often resent being treated as an alien. If you can see any other way for this law to be construed such that I am required to apply, please show it to me.
Second, look at the regulations regarding the requirement for someone to have an SSN for you to open an account at 31 CFR 103.34 [Exhibit B]. I included the entire regulation. On the first page at (a)(1), you see that:
This makes perfect sense if you change your mindset from one in which all human flesh on the planet must be inventoried, to one which conforms with both God's law and man's written law.
I am not required to have an SSN, so I do not have one. You are required to ask for one, but that is all you are required to do, is to ask. You have done so, and now are relieved of that duty. The fourth section of this letter should make this very clear. You are lawfully allowed to open an account for me, so long as you maintain a list on which my name, address, and account number are to be found. If you can see any other way for this law to be construed such that I am required to give to you something I do not have, please show it to me.
Third, I will address the Internal Revenue Code. Under section 6041 [Exhibit C], you are not even required to put a taxpayer identifying number on the 1099 you submit to the IRS for interest payments for your customers. If you look carefully at subsections (a) and (c), you see no requirement for a taxpayer id number, only a name, address, and amount. Under Section 6049 [Exhibit D], you will see in subsection (a)(2), the same requirement: name, address, and amount. If you can see any other way for these laws to be construed such that I am required to give to you something I do not have, please show it to me.
Fourth, I will address the information return requirement of section 6109. Please look at the regulation at 26 CFR 301.6109-1(c) [Exhibit D], on the third page. Under the requirement to furnish another's number, you will see that:
I am forced to ask, however, what return will you be making? I have told you that I will be opening a non-interest bearing account, so what is there to report? I state for this record that I am prevented by my faith from participating in usury, so I have no "interest" in an interest bearing account anyway. (Get it? No "INTEREST?" Sorry.) Again, if you can see any other way for these laws to be construed such that I am required to give to you something I do not have, please show it to me.
I would like to point out, however, that even if I wished to participate in usury, that I would still need no identifying number, as you can see from the above laws. Anyone who tells you differently is quite mistaken. Why does it appear that there is no absolute requirement for everyone to have a number? Because there is no such requirement.
Again, you see the consistency of man's law with God's law, if you cast off your preconceived notion that all human flesh on the planet must be inventoried. The Lord has his own inventory, I assure you. He has no need of any other. Should the day come when someone such as I must bear such a mark, then I will know that the Time has come, and I will prepare for the Rapture.
Should you or someone of authority in your company think that you have a basis for refusing to do business with me, I demand to see it in writing. Should you refuse, I would be within my Rights to file a complaint with the Department of Justice, Civil Rights Division for your violation of Title VII of the Civil Rights Act due to your discrimination based upon my deeply held religious beliefs.
However, since it is not my place to judge your actions, I will not. The Lord himself will judge you upon your actions in the time to come. I will allow you to ask your conscience what you should do. My experience is that people generally do what is easiest: They turn their face from me and shun me. You can prove me wrong. I know that I personally would prefer that you do what is right.
Sincerely,
/s/ Brad L. Barnhill
Brad L. Barnhill
I called Ms. Morris on Wednesday and asked her what was the disposition of the letter. She said that she had passed it on to legal, a Mr. Carlton Gregory. I asked her if she had read the letter, and she replied that she had "perused" it. I told her that I had written that letter especially for her as she seemed to be genuinely sympathetic to my predicament. I told her that I was disappointed that she had not done it justice. I thanked here and told her I would give Mr. Gregory a call. She gave me the extension, and I left a voice-mail for him to call me back.
He called back that afternoon. The discussion covered all of the aspects of the letter. He told me that it would not be cost effective for the bank to maintain a list of names and addresses for only a couple of accounts, and that it was the bank's policy to not open accounts without a taxpayer id number.
I asked him if his bank's policy should conform to the written laws of the United States. I asked him if he thought discrimination against me for my religious beliefs was appropriate.
He said that they were not refusing to do business with me, that I was refusing to comply with bank policy.
I asked him how I could possibly conform with bank policy, as I did not have an SSN to give him. I asked him if he was prepared to give the Justice Department a lawful reason why his bank was discriminating against 100% of the citizens who do not have a social security number. I told him that I had said in the letter that I would not file a complaint should I be refused service due to my religious beliefs but that it was becoming more and more difficult to exist in today's society if I cannot even cash a check. Was I supposed to refuse to take checks anymore?
I asked him to kick it upstairs, and let them know that I do not want to cause legal problems for them, but that I was seriously considering it.
He told me that he would do so, and get back to me. I reminded him that I wanted a written response.
The discussion was really quite pleasant. He even told me to call him Carlton. I said that perhaps I could once we had broken bread.
Well looky what I got in the mail today:Jefferson National Bank
February 10, 1998
Mr. Brad L. Barnhill
109 Shale Place
Charlottesville, Virginia 22902
Dear Mr. Barnhill:
I reviewed your letter of February 2, 1998 to Gayle Morris of this Bank. From your letter and my discussion with Ms. Morris, it appears that this Bank refused to open a deposit account due to your declining to provide the staff with a taxpayer identification number. You have been advised that, based on Bank policy, staff are not permitted to open or maintain deposit accounts for customer who do not provide the Bank with a taxpayer identification number. You have asked that the Bank review the requirements in 31 CFR 103.34.
We are familiar with 31 CFR 103.34 as it is the basis for our Bank policy to require a taxpayer identification for all deposit accounts. This Bank has implemented a policy to not permit the opening or maintaining of deposit accounts without our obtaining a taxpayer identification number within thirty (30) days of the opening. Due to the large number of accounts the Bank opens and maintains, the Bank decided that maintaining a list of accounts for which staff had not obtained a taxpayer identification number would be more timely, cumbersome, and costly than the business we might lose from those persons who might decline to provide JNB with a taxpayer number.
After my discussion with you on February 4, 1998, I have inquired of Jefferson and Wachovia management staff regarding your request for an exception to the Bank's policy of requiring a taxpayer identification in connection with
the opening of an account. Since you indicated that you would not like to open an account which would pay you interest income, the Bank will consent to permit you to open a regular checking account that does not pay any interest.
In order to facilitate your opening of the account, I suggest that you present a copy of this letter to the customer service representative who assists you with the opening of a Jefferson checking account.
Should you have any questions, I can be reached at (804) 972-1217.
Sincerely,
/s/ Carlton S. Gregory
Carlton S. Gregory
Legal Officer
cc: L. Gayle Morris
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