Sue Taylor - Page 14

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         claim the privilege against self-incrimination, there must be a              
         “real and appreciable danger” from “substantial hazards of self              
         incrimination”, and the individual must have “‘reasonable cause              
         to apprehend (such) danger from a direct answer’ to questions                
         posed to him”.  United States v. Neff, 615 F.2d 1235, 1239 (9th              
         Cir. 1980)(quoting Hoffman v. United States, 341 U.S. 479, 486               
         (1951)).  “A taxpayer cannot base his failure either to cooperate            
         with the IRS or to produce records on a generalized fear of self-            
         incrimination.  The fifth amendment privilege cannot be used as a            
         method of evading payment of lawful taxes.”  Edelson v.                      
         Commissioner, 829 F.2d 828, 832 (9th Cir. 1987), affg. T.C. Memo.            
         1986-223.                                                                    
              Respondent confirmed at trial and represented to both the               
         Court and petitioner that there were no open, contemplated,                  
         anticipated, or planned criminal investigations of petitioner.               
         Petitioner, when asked, indicated she had no specific basis for              
         fearing criminal action, but nevertheless insisted on asserting              
         her Fifth Amendment claim as she felt it was inappropriate to                
         testify against herself.                                                     
              THE COURT:  Are you talking about your right against                    
              self-incrimination?                                                     
              MS. TAYLOR:  Yes, in the Fifth Amendment.                               
              THE COURT:  And do you have some other right that                       
              you’re standing on beside that one?                                     
              MS. TAYLOR:  No, just the Fifth.                                        






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