Federal income taxes
What section of the Internal Revenue Code (Title 26) makes me liable to file and pay a 1040 income tax and how can I file that 1040 income tax form without waiving my 5th Amendment rights?
Section 6001 and 6011 say "Every person liable" or "Any person made liable." I cannot find any section of the IR code that me liable. Section 6012
2 Answers from Attorneys
You are "liable!" -- rest 100% assured. (Sorry.)
To answer your question directly, Section 1 of Chapter 26 says that "a tax is hereby imposed upon the income ... ". My guess is that you're single, so1(c) tells how much you are 'liable' for.
Section 6001 discusses those liable for paying such taxbeing required to file appropriate returns ('to inform theSecretary', I think they say!).
As for the unspoken question, does the law require that I file tax returns, the answer is very simply yes; there are smarter and more learned people than you and those who aregiving you these ideas who are sitting in jail, although theyusually develop a tax bill they can't pay first, then start arguing these points later.
I have studied and written for dozens of hours the arguments ofpeople -- none actually lawyers -- who have contorted or liedabout the law in order to promote what is thinly-disguised-as-legaltax revolt. The people promoting these concepts are liars who a) really DO NOT practice what they preach, b) have an argument meant solely to separate you from the truth and the truth-tellers, (lawyers or other "soldiers of the facist establishment", and c) eventually will show you their own angle for making money from you, either a little or a lot. I have stored all these responses into my tax revoltmail file. If you get really serious about breaking these laws, youmight do well to call me to discuss it first. I've also been involvedin negotiating with the IRS to reduce their "frivilous filing" penaltyand other penalties.
Not filing is illegal and you might go to jail if you get caught.
5th ammendment.
When you file a return, you are giving the Secretary information about how much taxes you are liable for under Title 26, Section 1.That is not self-incrimination, is it, unless you put on the return"and by the way, I haven't paid a cent of this and I'm not going toeither." The return doesn't have a space for that, right? So the 5th ammendment doesn't apply.
There are, by the way, many cases which clearly show how this lineof reasong concludes, and the answer is ... that argument doesn't work.
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