- 14 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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