While income tax arguments are barred under this rule - actions proving lack of citizenship, domicile, and residence are specifically allowed. The issue is not income tax but jurisdiction over the person. Lack of jurisdiciton is proved by FRCP Rule 44 and 44.1 - You go to the proper jurisdiction to resolve the matter by taking the following steps:

1. Acquire domicile and residence in a common law jurisdiciton.

2. File notice in the clerks office in state and federal courts.

3. Argue this in Federal court using as evidence the filings filed at common law, state court and federal courts.

4. Appeal at common law under FRCP Rule 60 last line "by independent action".

You are then not arguing jurisdiction in front of that court - you are using evidence to prove that jurisdiction already exist in another court. Read 28 USC 2201 and it states that it must be argued in the proper manner - and that is by not letting the US court decide that issue - go to common law and plead condition precedent under FRCP rule 8.(The citizenship was already decided before the action began).

This argument is in agreement with all of the cites herein and the argument that dual citizenship can exist. State law tells you the procedure for noticing the state courts that you have acquired a new residence and domicile.

Information provided by the Common Law Defense Fund

Copyright 1996, 1997