Legal Question in Tax Law in California

Fifth Amendment

When a natural person signs and files a 1040 tax return under penalty of perjury. Do they in effect ''Waive'' thier Fifth (5th) Amendment constitutional right? If yes, Then what law requires a person to waive thier Fifth (5th) Amendment right? And if there is NO law that requires a person to ''Waive'' thier 5th Amendment right, Then how can a person be ''Required'' or ''Compelled'' to sign and file a tax return?

Thankyou very much,


Asked on 6/19/04, 9:18 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Fifth Amendment

The 5th amendment says that you cannot be forced to testify against yourself. When you sign the tax return, you are not testifying against yourself, you are verifying that what you have put down on your tax return is accurate, and that you are not lying.

Why don't you get a life, pay your taxes, or learn how to use some of the many IRS codes that allow you to pay less legally.

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Answered on 6/20/04, 5:15 pm


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