War leaves scars that run deep and mend slow. I am grateful to this Valley, my home, for aid in healing my wounds. I, in unison with many, sincerely believe (and can prove) that there is no law that requires a citizen to file an income tax return. The truth that income tax is a vast deception will mark a major turning point in United States history. It will forever change how Americans view their government.
We veterans need only band together and shout with a strong, united voice… “Show Us the Law!” If there is no law we are bound by oath to declare war and, once again, march against “all enemies, foreign and domestic.” We brothers and sisters, who know of war and of the sacrifice that freedom requires, could ignite a revolution with this simple demand. And, heroes all, toast our triumph for years to come.
Any volunteers? Capt. Kesler willkesler@sopris.net
Will,
I am a veteran and find it disgraceful that you would advocate violence against our government and country, something with I swore to uphold and defend. Your issue of there is no law has been dealt with time and time again, but to the benefit of others here, I will post all the relevant information.
Contention: Taxpayers do not have to file returns or provide financial information because of the protection against self-incrimination found in the Fifth Amendment.
Some argue that taxpayers may refuse to file federal income tax returns, or may submit tax returns on which they refuse to provide any financial information, because they believe that their Fifth Amendment privilege against self-incrimination will be violated.
The Law: There is no constitutional right to refuse to file an income tax return on the ground that it violates the Fifth Amendment privilege against self-incrimination. In United States v. Sullivan, 274 U.S. 259, 264 (1927), the U.S. Supreme Court stated that the taxpayer “could not draw a conjurer’s circle around the whole matter by his own declaration that to write any word upon the government blank would bring him into danger of the law.” The failure to comply with the filing and reporting requirements of the federal tax laws will not be excused based upon blanket assertions of the constitutional privilege against compelled self-incrimination under the Fifth Amendment.
Relevant Case Law:
United States v. Schiff, 612 F.2d 73, 83 (2 d Cir. 1979) – The court said that “the Fifth Amendment privilege does not immunize all witnesses from testifying. Only those who assert as to each particular question that the answer to that question would tend to incriminate them are protected . . . [T]he questions in the income tax return are neutral on their face . . . [h]ence privilege may not be claimed against all disclosure on an income tax return.”
United States v. Brown, 600 F.2d 248, 252 (10 th Cir. 1979) – Noting that the Supreme Court had established “that the self-incrimination privilege can be employed to protect the taxpayer from revealing the information as to an illegal source of income, but does not protect him from disclosing the amount of his income,” the court said Brown made “an illegal effort to stretch the Fifth Amendment to include a taxpayer who wishes to avoid filing a return.”
United States v. Neff, 615 F.2d 1235, 1241 (9 th Cir.), cert. denied, 447 U.S. 925 (1980) – The court affirmed a failure to file conviction, noting that the taxpayer “did not show that his response to the tax form questions would have been self-incriminating. He cannot, therefore, prevail on his Fifth Amendment claim.”
United States v. Daly, 481 F.2d 28, 30 (8 th Cir.), cert. denied, 414 U.S. 1064 (1973) – The court affirmed a failure to file conviction, rejecting the taxpayer’s Fifth Amendment claim because of his “error in . . . his blanket refusal to answer any questions on the returns relating to his income or expenses.”
Sochia v. Commissioner, 23 F.3d 941 (5 th Cir. 1994), cert. denied, 513 U.S. 1153 (1995) – The court affirmed tax assessments and penalties for failure to file returns, failure to pay taxes, and filing a frivolous return. The court also imposed sanctions for pursuing a frivolous case. The taxpayers had failed to provide any information on their tax return about income and expenses, instead claiming a Fifth Amendment privilege on each line calling for financial information.
Alpha6,
Disgraceful? Advocating violence? All relevant information? To the benefit of others? With due respect to a fellow veteran, I must reply that you don’t seem to have a clue. I’m going to ask you two specific questions but first, some facts.
For almost a decade, the American people have asked the federal government, the IRS and the Justice Dept. to simply “Show the Law” that requires us to file. Our efforts have included legal petitions to Congress, coverage by C-Span, full page ads in USA Today, multiple attempts at the National Press Club and finally to the steps of the Supreme Court. I wrote about our struggle in a previous post (Obey the Law) while a fully documented history can be found in the archives at http://www.givemeliberty.org/.
The Constitution, which you took an oath to uphold, declares Congress shall make no law abridging…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The Supreme Court has never ruled on the meaning of these last nine words. It will soon. In the context that while the government is taxing its citizens and throwing people into jail, it refuses to state the law giving them the authority to do so. Sounds like a reasonable request to me and a Right that the Founding Fathers meant to preserve.
First question to Alpha6. Why do you think that the people have had to resort to the Supreme Court in order to force our government to simply “Show Us the Law?”
Alpha6, you focus on the 5th Amendment and contend to post “all the relevant information” I wonder at the depths of your ignorance. I suggest you inform yourself on the multitude of other issues. I offer an incomplete list in my post entitled “Circumstantial Evidence.”
Meanwhile, since you focus on the 5th, let’s explore that puppy. First, your inference that I refuse to file because I believe that my Fifth Amendment privilege against self-incrimination will be violated, is ABSOLUTELY WRONG.
And it proves that you, along with lots of other Americans, have been brainwashed. There is a fundamental legal distinction between the 5th Amendment PRIVILEGE “not to incriminate yourself’ and the 5th Amendment RIGHT “not to be a witness against yourself” which is what I claim. Your reliance on U.S. v. Sullivan is the key to waking up. If you understood it, you would realize that Sullivan did not claim his RIGHT “not to be a witness against himself,” but instead he fucked up and claimed his PRIVILEGE “not to incriminate himself.” This gave our government the opportunity to confuse Americans and to allow federal courts (citing the same cases you do) to enforce a law that does not exist.
Alpha6, notice that all your “relevant” case law concerns “self-incrimination” and “privilege” but never a word concerning “right” or “witness.” The Supreme Court has never ruled on our RIGHT. It might also interest you that all your “relevant” case law is, by law, not in the least relevant. Here is the law. “Decisions made by lower courts (below the Supreme Court) are binding to the Service (IRS) only for the particular taxpayer and the years litigated.” And yes, claim your privilege not to incriminate yourself, and you will be legally fined for being “frivolous.”
Alpha6, I am not advocating violence. I am asking my fellow veterans (you included) to honor their oath, and simply ask a question to help restore the freedom for which we fought. And if the answer, or non-answer, violates the law to then declare war and to march. Which does not mean to shoot the first Fed that comes into range. It means to take action. As in get off your ass Alpha6 and do SOMETHING other than mislead with your uninformed comments.
And finally, I ask my second question. If peaceful process proves futile, would advocating violence be “disgraceful?” Has revolution become immoral?
Awaiting your response, Will