[OT] -- Fry's and other retailers - kls

David P. Schwartz davids@desertigloo.com
Mon, 12 Feb 2001 11:25:51 -0700


CIE-Keith wrote:

> You can only claim the 5th amendment if you need a criminal
> protection.  I do not falsify my taxes so therefore I am willing to
> sign my tax return.  If you refuse to sign your tax return you will
> get audited, and they will find some mistake and they may charge you
> with something.
>

It's very likely that the definition of "gross income" isn't what you think it is.  The assumption most people believe that their
remuneration constitutes "gross income", as defined in the Tax Code, may well be erroneous.  So you very well might be falsely claiming
taxable income that isn't defined as such in the Tax Code.

Now, if you voluntarily choose to send in a form that says you swear, under penalty of perjury, that you earned a bunch of money that
really might not be taxable, do you think for a nanosecond that the IRS or anybody is going to lift a finger and tell you otherwise?  As
citizens participating in a voluntary compliance system, the accountability and responsibility lies on OUR shoulders.  The IRS is only
there to "help" us.  Don't expect them or any government entity to educate us on what the laws really say.

Each year, the Federal Government, through the Treasury Dept and the IRS, requests citizens to supply them with a summary accounting of
their financial activities for the prior year.  This request is based on the assumption that all "earnings" constitute "gross income"
and are therefore subject to the provisions of the Tax Code that require the payment of taxes.

The income tax is not compulsory BECAUSE of the 5th amendment -- they cannot COMPEL you to testify against yourself, whether you are
under criminal indictment or not.  If you have any doubt about that, write to the IRS and ask them to quote you which law compels you to
sign your tax return "under penalty of perjury" and submit such a statement to them.  (While you're at it, you might also ask the IRS,
the SSA, and your congresspersons what law is in place that requires any US Citizen to obtain a Social Security Number and to submit it
for any use other than with business you might have with the SSA.)  They'll answer only if you press them, and you'll be surprized to
learn that no such laws exist.  Also, read in the tax booklet where it says who gets access to the information in your return, like the
Justice Department and others, and that the information you supply might be used against you in other capacities -- like if you're
considered a "deadbeat dad".

If you refuse to sign your tax return and you send it in, you'll most likely get fined for filing a frivolous return.  They cannot use
that information, and they cannot audit you for it, because your lack of signature prevents them from doing so.  It's an affidavit, and
without your signature, it's legally equivalent to heresay.

The IRS might charge you with something anyway, regardless of whether or not you file a tax return, and whether or not you have done
anything you might consider "wrong".  It just depends on how well you fit certain patterns they've identified that signify potential
"illegal" behaviors.

Educate yourself.  Know the laws and your rights under the law.  Spend some time at http://www.nite.org/ .

-David Schwartz