Does the 1040 violate the fifth admendment?

[cincyboy]

What is the name of your state? Ohio

I have been reading many web sites lately, www.informamerica.com for instance, that claim that personal income taxes are voluntary. Many state that there is no law requiring the filing of a 1040 because if there were a law it would violate the fifth admendment. One website even offers a $10,000 reward for anyone that can disprove the following statement:

American Citizens and permanent resident aliens, living and working within the States of the Union ARE NOT SUBJECT to the filing of an IRS Form 1040 and ARE NOT LIABLE for the payment of a tax on "income".

Is all of this true or is this some kind of scam?

 

[roamer5]

It's a scam. No one has ever won a court case claiming the income tax is unconstitutional, voluntary, or anything else. I would find something else to protest against unless you enjoy trying to throw a tennis ball thru a brick wall.

 

[cincyboy]

So then what exactly does this mean? (pasted from www.informamerica.com)

...Is that the 16th Amendment to the U.S. Constitution - the so called "INCOME TAX" amendment - AUTHORIZED the income tax. Not according to the SUPREME COURT, it didn’t ! The high court ruled in 1916 in STANTON vs. BALTIC MINING - a case that has NEVER been overturned - that the 16th Amendment conferred, and I quote:

"... no new power of taxation".

Imagine that ! The highest court in the land ruling that the 16th changed absolutely NOTHING ! Why not ? Because the 16th Amendment did NOT REPEAL Article 1, Section 2 Clause 3 or Article 1, Section 9, Clause 4 of the Constitution, which absolutely FORBID Congress from DIRECTLY taxing a U.S. citizen ! So why WAS the 16th written? to create the ILLUSION of a new authority to directly tax U.S. citizens, an illusion upon which the IRS still relies.

 

[cincyboy]

I tried to read the desion myself but I got lost. Surely in a forum on tax law someone can explain what this Supreme Court Desision means in fewer words.

 

[Howardbsmith]

Final Proof ?

Would a tax lawyer or someone from the IRS PLEASE respond and put an end to this! I think providing links to the actual laws that DO prove that we all must pay income taxes should be sufficient to stop all this nonsense.

 

[taxinfoman]

The 1040 & The 5th Amendment

the filing of a 1040 form comes in direct conflict with the 5th Amendment. therefore, nowhere in the IRS code does it require the filing of a 1040. the IRS operates on fear and ignorance of the population with the backing of tax courts and the US Congress which created it. the income tax is absolutely voluntary. in 1920 Justice Pitney wrote for the Supreme Court defining income as...derived from property.

 

[abezon]

Filing a 1040 violates the Fifth Amendment ONLY if doing so will subject you to CRIMINAL liability or if the information contained in the return could be used against you in a criminal trial.

For example, T has $100,000 in illegal drug sales. T must report the $100,000 of sales on a Schedule C as income from "sales" or from "sources I refuse to disclose" and may not deduct any expenses from the gross sales because the business is engaged in illegal activity. T then has to pay income & social security tax on the gross sales! The IRS cannot force T to tell them what was sold, nor can it force T to turn over any ledgers or books because doing so would force T to incriminate her/himself. However, without seeing a ledger, the IRS will argue that T underreported the income and may offer all kinds of evidence that T's standard of living would require income of $x and T reported less than $x. That's what the IRS did to Al Capone.

 

[taxinfoman]

Dear howardbsmith, unfortunately a tax lawyer or IRS agent is not going to let you know what the truth is. The lawyer wants to keep his specialized field going and the IRS agent just wants your money [sometimes by any means legal or not].
In plain English;
The Supreme Court-McCarthy v Arndstein 266 US 34
Ruled that the 5th Amendment "applies alike to criminal and civil" proceedings, under no circumstances can the U.S. Government require Americans to give information which can be used against them for alleged violations of civil or criminal statues.
The Supreme Court-Garner v U.S. 424 US 48 [1976]
The information revealed in the preparation and filing of an income tax return is, "for 5th Amendment analysis, the testimony of a "witness" as that term is used herein

Therefore; If you file a 1040 return, you assess yourself and volunteer to pay the tax. If you do not file, you are voluntarily, and legally not paying the tax. You have the choice.

Important Note: Mark L Foreman [on behalf of Senator Daniel Inouye] wrote: "Based on research performed by lthe Congressional Research Service, there is no provision which specifically and unequivocally requires an individual to pay income taxes."

 

[Howardbsmith]

Thanks...

I can follow the logic that you state, assuming the cases are real, that I am not required by law to file a 1040 tax form. However, I still do not see how I do not have to pay income tax. What you've said is that I do not have to file a form, that's not the same as not paying taxes...