To: tpaine
The requirement to file tax returns sworn to under penalty of perjury operates to invalidate the Fifth Amendment protection against self-incrimination.This was the one clinker in the list.
Fifth Amendment protections apply only to criminal cases. Almost all tax cases are civil cases (failure to pay a debt has always been considered a tort as opposed to a crime). One cannot be held to criminal court for an accurately filled-out tax form, even if the monies in question are the proceeds of illegal activities. (We actually had a case against a fence thrown out when I was a cop because we only his tax returns as evidence. D'OH!)
I have seen tax returns filled out by drug dealers, fences, and bookies. Some of them are actually pretty funny when it comes to "type of employment."
Drug dealer's employment: "Pharmaceutical Industry"
Fence: "Retail Goods."
Bookie: "Sports Forecasting & Consulting."
To: BeHoldAPaleHorse
10. Forced Self-Incrimination. The requirement to file tax returns sworn to under penalty of perjury operates to invalidate the Fifth Amendment protection against self-incrimination. Citizens face a legal dilemma. On the one hand, refusing to file a return would expose a citizen to prosecution for failure to file. On the other hand, disclosing information sought in tax returns constitutes a waiver of Fifth Amendment protections.
The IRS can and does release that information to federal, state, and local agencies for both tax and non-tax law enforcement purposes. We can pretend that enforcement agencies will not use tax info, but in effect: -- disclosing information sought in tax returns constitutes self incrimination.
14 posted on
09/20/2006 11:07:39 AM PDT by
tpaine
To: BeHoldAPaleHorse
I have seen tax returns filled out by drug dealers, fences, and bookies. Some of them are actually pretty funny when it comes to "type of employment."
prostitute: "chicken farmer"
31 posted on
09/20/2006 1:03:01 PM PDT by
absolootezer0
("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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