Ghalardi Income Tax Education Foundation - Page 15

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                       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 the                           




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