Can a person who reports income that is made through illegal activities be charged for those crimes or does this violate his 5th ammednment rights?
2007-03-11 14:04:10 · 7 answers · asked by Jim K 1 in Politics & Government ➔ Law & Ethics
To add to a previous post...
Any info you provide on tax forms is voluntary.
It has also been argued that by signing a tax form you are forced to relinquish 5th amendment protection with relation to tax laws.
But the IRS operates outside or above the law anyway.
Of interest may be the outcome of this case:
http://www.wethepeoplefoundation.org/UPDATE/Update2007-03-03.htm
2007-03-11 14:52:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The 5th amendment applies to testimonial statements. For example, if you are forced to stand in a police lineup and say a certain phrase, this is not incrimination even if it ends up identifying you as the criminal. In the police lineup case, you're not testifying against yourself. Similarly, when you file tax returns, it is not a testimonial statement. The courts have long ruled that the 5th amendment doesn't apply to tax returns. So yes you can be prosecuted. Btw, filing taxes is not voluntary. It's like saying not speeding is voluntary--well yah, but if you do it and get caught you are cited.
2007-03-11 22:53:04 · answer #2 · answered by musicdotcm 3 · 0⤊ 0⤋
As it is illegal NOT to report income, however it is earned, income tax is generally confidential. However, most big time criminals don't take the chance, and try to chanel it through legitimate activities
2007-03-11 21:10:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They must report the income, and pay taxes on it.
They do not have to say how they earned the income.
It's a very fine.
2007-03-11 21:06:21 · answer #4 · answered by coragryph 7 · 1⤊ 0⤋
The 5th Amendment makes it so you cannot be FORCED to give evidence against yourself. However, if you volunteer information, than that's your problem.
2007-03-11 21:13:21 · answer #5 · answered by Uther Aurelianus 6 · 0⤊ 0⤋
They are merely reporting income, not exactly where it came from, ( if they report it at all)
2007-03-11 21:12:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
no idea. Boo for me, but good luck to you.
2007-03-11 21:06:27 · answer #7 · answered by vada 4 · 0⤊ 1⤋