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UNDERSTANDING OUR TAXES
Estate of Basilio Lopez Martin
Also known as:
Sucesión Basilio Lopez Martin (in Spanish)
Succession Basilio Lopez Martin
Succession of Basilio Lopez Martin
Estate Basilio Lopez Martin
The Administration of the Estate of Basilio Lopez Martin
Heirs & Grantees
U.S. PRESIDENT, THE WHITE HOUSE
U.S. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
U.S. Treasury Inspector General for Tax Administration (TIGTA)
Local and State Tax & TREASURY Departments
NON PROFIT & CHARITABLE ORGANIZATIONS
Grounds, Facts & Evidence
The Estate of Basilio Lopez Martin (hereinafter, the Estate) is the absolute and universal owner of 2,116,938 acres in the U.S. Territory of the Commonwealth of Puerto Rico since the date of February 4, 1750; covering no less than the 90% of all the surface of the island on 76 municipalities; including the water, antique uses and mineral rights.
Said ownership was ratified on the year 1898 after ending the Spanish-American War.
Calculated land value: $10 Trillion
Calculated structures value: $15 Trillion
· Public deed of purchase and sale
between Gaspar Lopez and Juan Claudio Bautista,
· Public deed of ratification of purchase and sale of hereditary participations, issued on Dorado, Puerto Rico on August 11, 1845 before the Notary Public Manuel Canales [Source: General Archive of Puerto Rico]
· Last public deed of open will from Basilio Lopez Martin, issued on Dorado, Puerto Rico on March 22, 1848 before the Notary Public Carlos Vasallo [Source: General Archive of Puerto Rico]
· Treaty of
· Capital origin
Pursuant to the applicable laws all interests, actions, rights and obligations of said Estate are shared in equal parts, belonging to the following 7 Estates involving hundreds of heirs and grantees:
Estate of Andres López Salgado
Estate of Gaspar López Salgado
Estate of Petrona López Salgado
Estate of Eugenio López Salgado
Estate of Domingo López Salgado
Estate of Juan Pedro López Salgado
Estate of Maria Romana López Salgado
Pursuant to all the applicable laws:
· All the economic production produced over said lands belongs to the Estate; and, in the same way,
· All the economic production produced over said lands, using said economic byproduct, belongs to said Estate.
Gross Income on FY2014: $60 Trillion
Accumulated assets since year 1750: $600 Trillion
§ 1131. Right of accession inherent in ownership
The ownership of property, whether movable and immovable, carries with it the right, by accession, to everything which is produced thereby, or which is united thereto or incorporated therewith, either naturally or artificially.
(Civil Code 1930, § 287)
History – Civil Code, 1902 § 360;
Spanish Civil Code, art. 353; Civil Code
The Gross Income of the Estate is all the economic
production produced on its lands by the residents and the entities of
Because each Fiscal Year the
Because said residents and entities of
Civil Code of Puerto Rico
31 Puerto Rico Annotated Laws secs. 1447 & 5269
§ 1447. Clandestine and tolerated acts.
Acts merely tolerated and those clandestinely executed, without the knowledge of the possessor of a thing, or with violence, do not affect possession.
(Civil Code, 1930, § 373.)
§ 5269. Acknowledgment interrupts possession.
Any express or implied acknowledgment which the possessor may make with regard to the right of the owner also interrupts possession.
(Civil Code, 1930, § 1848.)
Annual Report of the
Because the members of the Estate have been exercising the civil possession on said huge tract of land uninterruptedly since the year 1750; and the Civil Code of Puerto Rico does not recognize the possession in different personalities simultaneously, recognizing always as the real possessor the most ancient one, said GDP belongs entirely to the Estate.
Civil Code of
§ 1448. Possession not recognized in different personalities
Possession, as a fact, cannot be recognized in two different personalities, unless in cases of indivisibility. If a question arises regarding the fact of possession, preference shall be given to the present possessor; if there be two possessors, to the one longest in possession; if the dates of the possessions coincide, to the one presenting a title; and when all these conditions are equal, the thing shall be placed in deposit or judicial keeping, whilst the possession or ownership be determined through proper proceedings.
(Civil Code, 1930, § 374.)
The deductions of the Estate always are equal, and are based on all the economic production (Gross Income) illegally retained by the residents and the entities of Puerto Rico, that the Estate has the right to receives and controls, but never receives, due to forces out of its control.
Because the residents and the entities of Puerto Rico pay their local income and federal employment & payroll taxes using the illegally retained liquid assets belonging to the Estate, always such tax credits go in favor to the Estate each Fiscal Year, year after year, perpetually.
Based on that, due to the Estate is paying said taxes by conduct
of the residents and the entities of
All members of the Estate (heirs & grantees) participate of all its benefits, rights, actions and obligations based on their particular share; and the administrators, based on the one percent (1%) of the GROSS INCOME according to the laws.
Civil Code of
§ 5101. Duration of obligation of person voluntarily taking charge without authority.
A person who voluntarily takes charge of the agency or administration of the business of another, without authorization, is obliged to continue managing the same until the end of the business and its incidents, or to notify the interested person in order that the latter may come to substitute him in his management, should he be in a condition to do so for himself.
(Civil Code, 1930, § 1788.)
§ 5105. Ratification of management.
The ratification of the management by the owner of the business produces the effects of an express authorization.
(Civil Code, 1930, § 1792.)
§ 5106. Liability of owner accepting advantages of administration.
The owner of property or a business who avails himself of the advantages of the administration of another, even when he has not expressly ratified it, shall be liable for the obligations contracted for his benefit, and he shall indemnify the administrator for the necessary and useful expenses which he may have incurred and for the losses he may have suffered in the discharge of his duties.
The same obligation shall pertain to said owner when the object of said administration should have been to avoid any imminent or manifest damage, even when no profit results therefrom.
(Civil Code, 1930, § 1793.)
Code of Civil Procedure of
§ 2491. Compensation of administrators and executors; expenses.
Each administrator and executor, unless the will under which he is appointed provides to the contrary, shall be entitled to be paid from the estate, as compensation for his services, five per centum (5%) on sums received in the course of administration, amounting to one thousand (1000) dollars or under; two and one-half per centum (2 1/2%) on sums up to ten thousand (10,000) dollars, and one per centum (1%) on sums above ten thousand (10,000) dollars. The judge shall also allow an administrator or executor the necessary and proper expenses incurred in administration, including cost of advertising and publishing notice required by law, maintenance and care of the property, legal counsels and traveling expenses.
(Code Civil Proc., 1933, § 586.)
The tax laws and regulations from the U.S. Internal Revenue Service (IRS) mandate and authorize the Estate and its members the disclosing of said tax accounting when filing claiming refunds or justifying not filing.
IRS Publications Numbers:
525 Taxable and Nontaxable Income
Tax Guide for Individuals With Income from
559 Survivors, Executors, and Administrators
About the particular, said Publication 525 states:
· Estate and trust income. An estate or trust, unlike a partnership, may have to pay federal income tax. If you are a beneficiary of an estate or trust, you may be taxed on your share of its income distributed or required to be distributed to you. However, there is never a double tax. Estates and trusts file their returns on Form 1041, U.S. Income Tax Return for Estates and Trusts, and your share of the income is reported to you on Schedule K-1 (Form 1041), Beneficiary's Share of Income, Deductions, Credits, etc.
· Current income required to be distributed. If you are the beneficiary of an estate or trust that must distribute all of its current income, you must report your share of the distributable net income, whether or not you actually received it.
· Current income not required to be distributed. If you are the beneficiary of an estate or trust and the fiduciary has the choice of whether to distribute all or part of the current income, you must report:
-All income that is required to be distributed to you, whether or not it is actually distributed, plus
-All other amounts actually paid or credited to you, up to the amount of your share of distributable net income.
Due to during the past 60 years the Government of the Commonwealth of Puerto Rico, the local banking, the developers, the entities and the residents have been involved in a conspiracy defrauding the U.S. Treasury, Wall Street and the American investors, producing a minimum of $1 trillion dollar of false and fraudulent mortgage backed securities, participating in a white collar money laundering and racketeering operation, the Estate continues accumulating in its favor a future compensation by concept of damages and tort practices by the triple amount once the Federal Government decide to take action to stop the already denounced practices in our land, now out of our control.
According to the federal and local laws, and regulations (48 U.S.C. 752; the Article Number 14 of Section VI of the Constitution of the Commonwealth of Puerto Rico; and the Title 28 of Puerto Rico’s Annotated Laws secs. 401 to 407, 421 and 431 to 435), in Puerto Rico USA the artificial persons (like the corporations, partnerships & trusts) ARE NOT AUTHORIZED to conduct the business of buying and selling real estate; and neither, to hold each one more than 500 acres of land.
The intervention of the Federal Government establishing a receivership, helping us to regain the control of our assets, could mean additional billions of dollars in revenues for the U.S. Treasury, alleviating part of the tax gap in America.
Just to give you an
example, taxing our annual Gross Income ($60 trillion) on our control
at a tax rate of 30% could generates to the U.S. Treasury a minimum of $20
trillion by virtue of imposing new taxations to
By one hand, at present, we have the residents and the entities there receiving billions in federal programs, subsidized by the taxpayers from the 50 States of Union; and, by the other, their local activities producing billions of dollars for their benefit by virtue of using and retaining illegally all our movable and immovable assets not paying federal income taxes, giving nothing in exchange to the American taxpayers.
We look forward to work with the U.S. Treasury to change that detrimental scenario.
LUIS G. FORTUÑO
BEFORE THE COMMITTEE ON ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
Thank you, Mr.
Chairman…and Ranking Member Murkowski…for the opportunity to appear this
morning before you and fellow members of this Committee to express my support
of H.R. 2499, the Puerto Rico Democracy Act of 2009. I especially appreciate
the opportunity to follow
Today, I appear before you as Governor of Puerto Rico and as President of Puerto Rico’s statehood party, which includes national Republicans like myself as well as Democrats like Resident Commissioner Pierluisi.
In the elections of 2008, voters gave candidates of our party the biggest margin of any electoral victory in 44 years. We obtained over two-thirds of the seats in each house of the legislature and three-fifths of the mayorships. The candidates in the “Commonwealth” party, by contrast, received the lowest percentage of votes for their party in history.
This is particularly relevant because the process proposed by H.R. 2499 was an issue in the elections. Our party campaigned on a pledge to seek congressional sponsorship of a status choice process…in order to provide a choice among real status options to be made…directly by voters…in plebiscites.
Why does Congress need to act? Because there is a patently obvious need for the territory’s real options to be clarified. Under the present status…given Congress’ constitutional jurisdiction under the Territory Clause…Congress can provide the necessary clarification. Specifically, previous political status plebiscites without federal legislation…in the first two instances, at the end of the 1960s and the beginning of the 1990s…were inconclusive because of proposals for an unconstitutional and impossible governing arrangement. The most recent plebiscite…12 years ago…was similarly confused by such a proposal.
For decades, the leaders of the “Commonwealth” party– including those of that party’s delegation here today – have refused to recognize the reality that the only possible “Commonwealth” option that exists is the one that is the island’s current territory status.
H.R. 2499 simply
clarifies what the possible status options for
What is not included in the legislation…and what is the real reason for the “Commonwealth” party’s persistent objections to the bill… is this impossible “Commonwealth” status proposal that is not the current status [holding up copy].
Under this proposal of
A wise member of this Committee once called this proposal “the free beer and barbeque option.” Members of the Senate should…once again… join their counterparts in the House in clarifying that such proposals are not a possible status option.
In doing so, Mr. Chairman, you and your colleagues would do well to join Congresswoman Virginia Foxx…who in a letter to myself and Resident Commissioner Pierluisi last week did just that. Congresswoman Foxx clarified that the “Commonwealth” option contained in her amendment to H.R. 2499…which was approved by the full House…is…and I quote…”the status quo, under which Puerto Rico is subject to federal Territory Clause authority.”
As Congresswoman Foxx further made clear, her amendment’s intention was not to endorse the legal viability or practical possibility of…and I quote once again…”’a new Commonwealth status’ which would grant Puerto Rico greater autonomy from federal authority with greater federal benefits.” With your permission, Mr. Chairman, I would like to submit Congresswoman Foxx’s letter for the record, along with my entire written testimony.
Mr. Chairman, what H.R. 2499
essentially does is authorize a process…at the discretion of Puerto Rico’s
elected representatives…that would begin with threshold votes on whether to
consider status options. This responds to the “Commonwealth” Party argument
that the status question should not be addressed. Only if a majority of voters
no longer favors the current status…and
If a second-stage vote
does take place, the current status would stand equally alongside the other
possible status alternatives that have support in
In sum, H.R. 2499 would enable the preferences of Puerto Ricans…among the real status alternatives…to finally be ascertained. The legislation would not mandate any action in response by the federal government. If there ever is a majority of the vote for a status different than the present one, it is then that Federal officials could determine what response is appropriate. An accurate expression of status preferences by the people is the necessary first step.
Last month, members of
the House took the right step. I urge you to do the same. By so doing, you will
be effectively responding to the people of
Mr. Chairman, over the
course of more than a century, millions of your fellow American citizens in the
Thank you very much.