Are these questions to the IRS logical and reasonable?

Question

A person goes into the IRS office with a 1040 filled out except for the signature.

The following questions are proposed:


I am not sure if I am required to fill out this 1040 Form. My friends told me that I must.

What is the Code section that indicates a Form 1040 is required?

Before signing the form, I read on the Form that I would be signing it under penalty of perjury.

By signing the 1040, would be giving up my right to be silent under the 5th Amendment ?

(A suspected murderer would not have to do or say anything.)


Will an IRS offocial sign a statement, under penalty of perjury, indicating my requirements and the Chapter and Section that states my requirements?


In other words, other than my friends, who in the IRS or what section of the IRS Code would lead me to believe that I am liable for paying an Income Tax, and because of this requirement, indicate my requirement to fill out and sign (under penalty) a 1040 Form?

H.S. Student.

Answer 1

If I were the "tax man" at the counter, this is what I would say to you:

Your friend is right. If your income meets minimum requirements, you are required by law to file a return.

Filing requirements are specified in section 6012 of the tax code, as approved by Congress.

Since you've filled out the 1040 form in good faith, you have no applicable 5th amendment rights. You haven't committed a crime, and so you're in no danger of self-incrimination. However, if you fail to file (or sign), we will choose whether to pursue action against you. When you appear in court, you have the right to remain silent throughout as we lay out our case based on evidence we received from your employer, 1099's issued and your past returns.

I have no need of signing a statement of guarentee to you. The tax code supports the IRS claim of collecting tax revenues for the federal government. But if you have any questions, you may request an explanation of tax code in writing, and yes, it will be signed by an IRS agent.

Answer 2

Many of the tax protestors have always argued that "there is no IRS code section that says that a person is liable for paying income tax", but every time it the court has addressed the question, the IRS has won.

What they never point to though, is that the 16th Amendment to the US Constitution states "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". What this means is that the government (specifically the Congress of the US) has the power to assess an income tax. Also, the Internal Revenue Code is written, and amended, by Congress. Therefore, the Internal Revenue Code, as it is used by the government to assess an income tax, and defined how the income tax is determined, is enacted by Congress, which according to the 16th Amendment, has the legal right to do so.

When the tax protesters reference court cases, they fail to mention that those court cases were decided BEFORE the 16th amendment was passed. They also use Vernice Kuglin as an example of someone who had "beat" the IRS. In fact, she was found not guilty of willful tax evasion. This is a fine line, because her trial never addressed the question of whether she was subject to income tax, only the question of whether she willfully avoided paying income tax. Even Erwin Schiff, the poster child of the tax protester movement, who was the most vocal proponent of the position that income tax was illegal and unconstitutional, lost every single case. When he had appealed his case, he dropped the argument that income tax was unconstitutional, and instead defended his innocence on the premise that he believed, in good faith, that he was not required to file tax returns, which implied that he recognized that he had an obligation to file tax returns and pay taxes.

Answer 3

Sure, you can say those things to the IRS if you want to get flagged as a tax evader, and end up in jail. Not really a good idea. These supposed reasons why you don't really have to pay taxes have lost in court a number of times, regardless of what some Internet sites would have you believe.

Answer 4

Nobody has done himself or herself by protesting the income tax. I am not going to debate its legality here.

However, look at the big picture. If everyone one day figured out that they don't HAVE to pay taxes, then nobody would. Our government would collapse. Our economy would collapse.

While you may chuckle and say "great!", the detriment would be all yours. While it's not a perfect government, it's the best we have.

"Taxes are the price we pay for a civilized society" -- Justice Oliver Wendell Holmes

I recommend you shut up, and pay ONLY the LEAST amount of tax you legally have to based upon the best legal interpretations of the law by the legal system (not by uneducated individuals).

Answer 5

The man that came up with all that bogus crap about taxes has been making a living off of it since the 70's. He has done Federal Prison time. The people that bought into it and followed his advice have done or are currently doing Federal Prison time.

That guy came up with this, one evening, while sitting around in his "Tin Foil" hat waiting or a signal from the "Mothership" that is coming to take him home.

DO NOT BELIEVE ONE WORD OF HIS CLAIMS.

There are two Truths in life you cannot avoid or stop:

1. You are going to Die.

2. You are going to pay taxes.

Answer 6

Do you really want to go to prison for tax evasion and asking such assinine questions of the IRS? Your lame argument against paying taxes is why the federal prisons are full of tax cheats and people who "claim" that taxes are "unconstitutional".

Answer 7

I think you'll find that most of the folks in your local IRS office would be so stupified by those questions that you'd be met with silence. Then they'd call the FBI. I wouldn't suggest it.

Answer 8

If you presented this kind of argument to the IRS it may be considered frivolous and subject you to fines and even criminal charges. So rather than logical and reasonable it is foolish and risky.

Answer 9

The IRS does not respond to questions that have been deemed frivolous.

Answer 10

No, they are not logical and reasonable. They are obtuse and idiotic.

Are you saying you have murdered somebody and are reporting it on your taxes?