UNDERSTANDING
OUR TAXES
FROM:
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
TO:
PRESS
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
The Basics
Grounds, Facts &
Evidence
Fact Number 1
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
Evidence/Legal Base/Grounds
· Public deed of purchase and sale
between Gaspar Lopez and Juan Claudio Bautista,
issued on
· 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
Peace Between
· Capital origin
Fact Number 2
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
Fact Number 3
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
Evidence/Legal Base/Grounds
Enacted on
the
31
§ 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
of
Fact Number 4
The Gross Income of the Estate is all the economic
production produced on its lands by the residents and the entities of
Fact Number 5
Because each Fiscal Year the
Fact Number 6
Because said residents and entities of
Evidence/Legal Base/Grounds
Federal
·
People
of Puerto Rico v. Livingston, 47 F.2d 712 (1st Cir. 1931)
·
Ochoa
v. Hernandez, 230 U.S.
139-148
·
Ubarri y Iramategui v. Laborde, 214 U.S. 168 (1909)
·
SEA
HUNT INC v KINGDOM OF SPAIN No.
992035P - 07/21/00
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
Governor of
Fact Number 7
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.
Evidence/Legal Base/Grounds
Civil Code of
31
§ 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.)
Fact Number 8
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.
Fact Number 9
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
Fact Number 10
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.
Evidence/Legal Base/Grounds
Civil Code of
31
§ 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
32
§ 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.)
Fact Number 11
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.
Evidence/Legal Base/Grounds
IRS Publications
Numbers:
525
Taxable and Nontaxable Income
570
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.
Fact Number 12
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.
Evidence/Legal Base/Grounds
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.
At present, any person may
verify said prohibitions, still in effect,
checking the websites of the Puerto Rico’s State
Department and Supreme
Court.
Click
here to see an updated list of some of the local illicit urban projects
About the particular the Secretary of
Justice of Puerto Rico has declared:
No corporation, doesn’t matter his
nature, will be able to dedicate
to the business of buying
and selling real estate in
Op. Sec. Just. No. 6 of 1968
A corporation can not be dedicated to the
business of buying and selling real estate, or,
in any form, hold lands to
speculate in the real estate market.
Op. Sec. Just. No. 15 of 1966
The corporations not engaged in
agriculture are only limited by the first part of the statute of this section,
that prohibit to all
corporation effectuate businesses of buying and selling real estate or to hold
or
to have such class of
assets except such as may be reasonably necessary to
enable it to carry out the
purposes for which it was created.
Op. Sec. Just. No. 70 of 1956
Fact Number 13
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.
These concerns need to be resolved
before
STATEMENT OF
LUIS G. FORTUÑO
GOVERNOR OF
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
theirs,
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.