At 09:49 PM 10/31/2002 -0600, Jim Davidson wrote:
Can you cite on-line case transcriptions/ruling where this has happened and the outcome has been favorable to the citizen?Imagine your delight when you subpoena the several past IRS commissioners who have stated that compliance is voluntary and Americans who don't live in US territories such as Puerto Rico owe no taxes. Imagine your delight when you present the tax laws to the judge.
The Supreme Court has ruled several times that "properly completing and filing " IRS tax forms is required under federal law. In essence, they compare your duty to do so with answering a subpoena (I do not subscribe to this line of reasoning). As in a subpoena you must appear, but cannot be compelled to give testimony. Refusing to appear (i.e., not filing forms, or filing forms from which income other than that shielded under 5th Amendment privilege, cannot be determined by the IRS) can be actionable. I can find no federal court documents on-line which deal with those who have apparently followed the SC's instructions on taking the 5th and would welcome citings.> Therefore, if you have income (especially income from possibly > illegal sources) you do not wish to declare you are legally > empowered to assert you 5th Amendment privilege on your filing.I would not recommend making such an assertion in writing on their tax form, though.
steve
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