I can’t think of anything more “unreasonable” than seizing private financial papers and effects every year without a warrant. It seems like a overt violation of the 4th amendment right to privacy. . . .
4th Amendment: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated..."
2006-12-12 08:28:58 · 6 answers · asked by mikearion 4 in Politics & Government ➔ Law & Ethics
Because they now say that EVERY search is reasonable due to the disguise of terrorism. Take a look at the video Terrorstorm.
2006-12-12 08:32:46 · answer #1 · answered by no worries 4 · 0⤊ 0⤋
When has the IRS seized your financial papers? They have never seized mine and I have not known anyone who has had their financial papers seized. What you are thinking about is declaring to the government how much you have earned so they can properly tax you. The 4th Amendment does not protect against that. This is almost like saying that you do not have to provide your proof of auto insurance to a police officer.
If a person is cheating on their taxes or just not paying them, then the IRS can and will get a warrent and come and seize financial papers but that is for a criminal investigation. The IRS is not busting down doors every April to get your w-2 form from you.
Are you trying to say that the government cannot find out how much we make if we do not want to tell them because of the 4th amendment? Sorry, does not work that way. The government has set up taxes based upon income and therefore it has a legitimate need to know how much you make.
Article I, Section 8, Clause 1 of the constitution and the 16th Amendment have set forth income tax in the US. Some have argued that this was not done properly and is therefor invalid. However, the courts have not backed that argument.
Remember there are two constants in life, death and taxes.
2006-12-12 16:43:04 · answer #2 · answered by A.Mercer 7 · 2⤊ 0⤋
The government cannot "search" your records without your concent or a court order. Income tax is allowed by the 16th Amendment:
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. "
This created the IRS, which has the authority to punish those who do not submit their "papers" annually when required to do so. It is not “unreasonable" if you are required, ny law, to do so.
2006-12-12 16:47:46 · answer #3 · answered by john_stolworthy 6 · 1⤊ 0⤋
Under federal finance law the seizure is reasonable and lawful. It's like the police getting a warrant to search your property, but much more powerful
2006-12-12 16:31:59 · answer #4 · answered by living encyclopedia 2 · 1⤊ 0⤋
Yes, the IRS has been operating illegally since its inception, according to the Constitution. But, since when has Caesar ever apologized for being greedy or breaking the rules?
2006-12-12 16:30:58 · answer #5 · answered by Zebra4 5 · 0⤊ 0⤋
They don't seize it. You send it in yourself.
If you don't, then you may well see a warrant or a subpoena to search your financial documents.
2006-12-12 16:34:43 · answer #6 · answered by Teekno 7 · 2⤊ 0⤋