Will the IRS ever be held accountable for throwing people in jail for not paying the "voluntary" income tax?
Historically, income tax protestors have cited that they are not required to submit a federal tax return because it is voluntary according to the Internal Revenue Code. These people were prosecuted for not filing their voluntary tax returns.
The fifth amendment of the US Constitution:
[quote]Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; [b]nor shall be compelled in any criminal case to be a witness against himself[/b], nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[/quote]
One cannot be compelled to be a witness against himself. One of two cases can be true for filing tax returns: they can either be voluntary or they can be involuntary. If they are involuntary, as they seem to be, then they cannot be used as evidence in court. If they are voluntary, then you cannot be penalized in any way for not filing.
So which is it? And regardless of which, why are people being thrown in jail for not filing tax returns?
The fifth amendment of the US Constitution:
[quote]Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; [b]nor shall be compelled in any criminal case to be a witness against himself[/b], nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[/quote]
One cannot be compelled to be a witness against himself. One of two cases can be true for filing tax returns: they can either be voluntary or they can be involuntary. If they are involuntary, as they seem to be, then they cannot be used as evidence in court. If they are voluntary, then you cannot be penalized in any way for not filing.
So which is it? And regardless of which, why are people being thrown in jail for not filing tax returns?
