Giving Up Your Rights

The second challenge that Peymon Mottahedeh issued was this:

Show how Americans can file an income tax return without giving up their Fifth Amendment right to not give any information to the government that may be used to prosecute them.

Title 26, Sections 7204 , 7205, 7206 and 7207 state that anyone who makes a fraudulent tax document is guilty of a crime. The verbiage of these statutes requires the use of the tax return or other tax document signed under penalty of perjury to prosecute the individual.

As Mr. Mottahedeh points out:

To prosecute a person under these code sections, the Government MUST present to the court and the jury the tax return or other tax document that the Government is claiming to be erroneous or fraudulent. Therefore the income tax return WILL be used to prosecute the targeted person with a tax crime that upon conviction will land the person in prison.

If American citizens are required to file income tax forms, this is a violation of the Fifth Amendment since they can be used as a source of evidence against them.