Volunteers Needed
Can I Get a Volunteer?
Did you know that filing income tax is voluntary?
1971 Internal Revenue 1040 Booklet
Each year American taxpayers voluntarily file their tax returns and make a special effort to pay the taxes they owe.—Johnnie M. Walters, IRS Commissioner
Why do the courts and the IRS state that filing a tax return is voluntary? If it were mandatory, it would constitute a violation of your rights, namely, the First, Fourth and Fifth Amendments.
The First Amendment involves your freedom to speak. It also includes your right not to speak (to your government on a Form 1040). Compelling you to speak on a 1040 would violate your First Amendment Right.
The Fourth Amendment is your right to privacy - your right to be secure in your person and papers. Compelling you to produce your personal financial information and records, etc., without a lawful court order would violate your Fourth Amendment right.
The Fifth Amendment states that
No person...shall be compelled in any criminal case to be a witness against himself . .
You cannot be forced to give information (on a form 1040) as that act is equivalent to being a witness against yourself. The IRS can take any information you give them and use it against you under any circumstances, both civilly and criminally. They can put you under criminal investigation and potential indictment. Therefore, compelling you to give information (evidence) against yourself would violate your Fifth Amendment right.
Code section 6103(h) and ( says that tax returns and return information may be given to the U.S. Attorney and Justice Department for criminal prosecution. In fact, even the IRS' Privacy Act Notice so states: "We may give the information to the Department of Justice and to other Federal agencies, as provided by law." Obviously, this is a warning to you...almost like a"Miranda Warning." fI you choose to disregard the warning and waive your right to remain silent and your right to privacy, understand that it is your choice...solely. Now you know why "our system of taxation is based on voluntary assessment and payment." You also know why you were never made "liable" by the code in the first place. By making you liable, the IRS would have created a full requirement for you to submit information on the 1040, thereby "compelling you to be a witness against yourself," in direct violation of your rights.
I am indebted to William T. Conklin, for his excellent research on this subject.
Two More Things
Here is an interesting poll and some language from a court case that you may find interesting.
A recent poll, whose results were nationally publicized this year, showed that the IRS was incorrect 39% of the time in their answers to fairly simple questions posed by citizens.
Loan Association v. Topeka, 87 U.S. 655 (1874)
To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it on favored individuals...is none the less robbery because it is done under the forms of law and is called taxation.