- 15 - document or return that 26 CFR 602.101 makes applicable to the income tax imposed in Section 1 of the Internal Revenue Code. 4. Sections 6103(h) & 6103(l) provide that all return information can be used against me to determine and impose both criminal and civil fines and penalties. Therefore, I do not see how any [sic] can compel me to provide information to the government that can be used against me in this manner, consistent with my Fifth Amendment right not to be compelled to be a witness against myself. Fifth Amendment protection applies to any proceeding, civil or criminal, adminis-trative or judicial, and may be invoked in connection with federal income taxes. See U.S. v. Argomaniz, 925 F.2d 1349 (11th Cir. 1991); Cincinnati v. Bawtenheimer, 63 Ohio St. 3d, p.260. 5. With respect to the information I have included in my return, I wish to point out that the courts have ruled that: "A (1040) form with 'zeros' inserted in the space provided * * * qualified as a return." See U.S. v. Long, 618 F.2d 74 (9th Cir. 1980), U.S. v. Kimball, 896 F.2d 1218 (9th Cir. 1990), U.S. v. Moore, 627 F.2d 830 (7th Cir. 1980), and a Las Vegas bankruptcy court held that "Zeroes entered on a Form 1040 constitutes a return."" [sic] See Cross v. U.S., 91-2 USTC p.50, 318; Bankr.L.Rep. p. 7404. 6. It is also noted that I had "zero" income according to the Supreme Court's definition of income, 1since in Merchant's Loan & Trust Co. v. Smietanka, 225 U.S. 509 (at pages 518 & 519) the court held that, "The word (income) must be given the same meaning in all of the Income Tax Acts of Congress that was given to it in thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011