AmazonTania
1 Percenter Wannabe
Garner V U.S. - Awesome. Its good to know that when I have illegal income, I can invoke the 5th amendment on my return and claim the 5th amendment on my tax return. My income is legal. How about yours?
Gambling is not illegal, as each state determines what acceptable forms of Gambling and minimum age requirements.
Educate yourself, please.
In this case the gambling was used as evidence of his illegal activities. What are your illegal activities?
Further -nothing in Garner V US says you are not required to file a return. Here's the summary from the opinion itself:
Maybe you should have read the case before actually responding. Garner ALREADY filed his income tax returns. He was accused of a crime and his tax returns was used against him in court. He claimed the fifth amendment because he prepared his tax return himself and the fifth amendment doesn't allow you to incriminate yourself. The summary states that he should have stated the privileged on the return. It doesn't not say that you are required to file. In order to claim this privileged, you don't have to file, or you have to claim said privileged on the return.
Again, read before you present things to me. It makes you at least appear somewhat informed.
"[A] witness protected by the privilege may right-fully refuse to answer unless and until he is protected at least against the use of his compelled answers and evidence derived therefrom in any subsequent criminal case in which he is a defendant. Kastigar v. United States, 406 U.S. 441 (1972).
Refusing to answer means either not responding (not filing) or claiming the fifth. The right to remain silent falls under both of these categories.
It's pretty sad that I'm a Brit and I know more about your legal system than you do. And you live here!
Garner is required to file a return either way. He may either make the disclosures on the return, or he may claim the privilege on his return - but must still file it either way. It says in footnote 21 from the Summary:
The footnote says that if a taxpayer wants to claim protection under the fifth amendment, he must claim said protection. It in no way says that it must be disclosed on a tax return.
Must be more of that great reading comprehension.
If you file a return with a 5th amendment claim on it, the IRS will use other means to determine your income - such as W2's submitted from your employer, bank records - what not - and if they determine you owe tax , they will send you the bill and if you don't pay it they will seize your property.
LMAO, do you even know what a W-2 form is? W-2 are for the employers to fill out ONLY. They're not for employees to fill out. The IRS cannot use a W-2 form as evidence. It can only use the evidence which is prepared by the petitioner in question. Also, bank records tells you nothing. Even if it can, bank records ultimately tells you nothing.
You really can't be this ignorant, but it's apparent that you've never had a job before.
You may contest it in court, but if you refuse to provide evidence based on 5th amendment claims, the jury will only have the IRS's evidence to go on - and since it is a civil proceeding proof beyond a reasonable doubt is not the standard but rather, preponderance of evidence (as OJ Simpson knows all to well). Further - the government always has the option of providing you immunity from use of whatever you are taking the 5th on against you. If they choose to, they can compel you to disclose all of your income in exchange for immunity from those disclosures as evidence in a criminal proceeding. The tax itself is still owed either way - Garner v US speaks to the issue of what you must disclose on your return.
Like I said, ignorant ramblings of something passing off Google as a college degree. Garner vs. US speaks on the petitioners right NOT to disclose anything. He could have not filed the return or claimed the 5th on the return itself. Either way, you are not required to disclose information on your return. No where in your case statement does it say that a return must be filed.
Where exactly do you work. It can't be in a institution which requires much reading skills.
Here, where there is no factor depriving petitioner of the free choice to refuse to answer, the general rule applies that, if a witness does not claim the privilege, his disclosures will not be considered as having been "compelled" within the meaning of the Fifth Amendment. United States v. Sullivan, 274 U. S. 259. Miranda v. Arizona, 384 U. S. 436; Mackey v. United States, 401 U. S. 667; Garrity v. New Jersey, 385 U. S. 493, distinguished. Pp. 424 U. S. 650-655.
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