- 6 - (1970). The Fifth Amendment privilege applies when the possibility of self-incrimination is a real danger, not a remote and speculative possibility. See Zicarelli v. New Jersey State Commn. of Investigation, 406 U.S. 472, 478 (1972); Stubbs v. Commissioner, 797 F.2d 936, 938 (11th Cir. 1986); Heitman v. United States, 753 F.2d 33, 34-35 (6th Cir. 1984); Davis v. United States, 742 F.2d 171, 172 (5th Cir. 1984); Moore v. Commissioner, 722 F.2d 193, 195 (5th Cir. 1984), affg. T.C. Memo. 1983-20; Steinbrecher v. Commissioner, 712 F.2d 195, 197 (5th Cir. 1983), affg. per curiam T.C. Memo. 1983-12; McCoy v. Commissioner, 696 F.2d 1234, 1236 (9th Cir. 1983), affg. 76 T.C. 1027 (1981); Edwards v. Commissioner, 680 F.2d 1268, 1270 (9th Cir. 1982). At trial, respondent stated that petitioner was not under criminal tax investigation. Accordingly, petitioners' claim of Fifth Amendment protection is misplaced because they merely claimed the privilege without showing a danger of self- incrimination. Petitioners admit that for taxable years 1990, 1991, 1992, 1993, 1994, and 1995 they resided in Texas, a community property State. For taxable years 1988 and 1989, petitioner testified that he and his wife lived and worked in Washington State and Oregon. Petitioners' time living in Washington State is irrelevant to respondent's determinations, as it is also a community property State. In any event, petitioners have notPage: Previous 1 2 3 4 5 6 7 Next
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