The W-4 Form


No law compels a work eligible man or woman to submit a form W-4 or W-9 (or their equivalent) nor disclose a social security number as a condition of being hired or keeping one's job.

With the exeption of an order from a court of competent jurisdiction, issued by a duly qualified judge, no amounts can be lawfully taken from one's pay (for taxes, fee or other charges) without the worker's explicit, knowing,voluntary, written consent.

The W-4 is contractual in nature:
"28 U.S.C.S. subsection 1340 confers jurisdiction over any civil action arising under any Act of Congress providing for internal revenue, and court has no jurisdiction under such section where issues to be determined are contractual in nature, and there are no allegations that Government failed to act under, or in accordance with, any act providing for internal revenue."
St. Louis Union Trust Co. v. Stone (1977, ED Mo) 428 F Supp. 988, affirmed in part and vacated in part on other grounds (1978,CA8 Mo) 570 F.2d 833, 78-1 USTC p 9259, 41 AFTR.2d 871
(Criticized in Stockton Christian Life Ctr., v. I.R.S. (2001, ED Cal) 172 F Supp.2d 1292, 2001-2 USTC P 50705, 88 AFTR.2d 6472).

26 C.F.R. 31-3402(p)-1(b)(2) states: "An agreement under Section 3402(p) shall be effective for such period as the employer and the employeee mutually agree upon. However, either the employer or the employee may terminate the agreement prior to the end of such period by furnishing a signed written notice to the other."

INTERNAL REVENUE MANUAL 5.14.10.2(03-30-2002)
Payroll Deduction Agreements
The use of Form 2159, Payroll Deduction Agreement, should be encouraged when the taxpayer is a wage earner, particularly if the taxpayer defaulted on a previous installment agreement.
Private employers,states, and political subdivisions are not required to enter into payroll deduction agreements. Taxpayers should determine whether their employer will accept and process executed agreements before agreements are submitted for approval or finalized.(underlined added for emphasis).