No US law compels filing a 1040

Originally posted by Qwas

Originally posted by spamandham
But that's the whole point. You are not required to file anything. You are only legally required to pay the taxes. If you allow the IRS to assess them instead, you would still have the right to challenge their assesment.

The difference is huge. If the IRS assess your taxes, you can't be held liable for errors the IRS might make in assessing your taxes since you have not waived your fifth amendment rights under such a scenario. Without a subpoena, you are under no legal obligation to provide the IRS with any financial information.

But a subpoena is specific. They have to ask you for what they want, it's not just a fishing expedition. For that, they would require a search warrant. But even then, you are under no obligation to cooperate beyond the terms of the warrant.

Keep in mind you will be going to IRS Court and not a regular court. IRS Court is an Administrative Court that follows more of the rules of a Civil court. Here, you are not innocent until proven guilty. You are automatically guilty and must prove otherwise. The IRS Court will also tell you have no Constitutional Rights in their Court so forget your arguments about the 4th or 5th Amendment.

Precisely. Further, as a federal agency, there is a strong legal presumption in favor of the IRS's claims. The burden of proof is on you to prove that you did not owe them money, rather than the other way around. Unless you make all your money through gambling or crime, and don't spend your money on anything noticeable nor store it in a bank, it really makes more sense to file a return. They don't need a warrant to notice you're wearing a suit or driving a car that someone unemployed or employed at a business they can easily check would be able to afford.

-koji K.

Originally posted by koji_K

Precisely. Further, as a federal agency, there is a strong legal presumption in favor of the IRS's claims. The burden of proof is on you to prove that you did not owe them money, rather than the other way around. Unless you make all your money through gambling or crime, and don't spend your money on anything noticeable nor store it in a bank, it really makes more sense to file a return. They don't need a warrant to notice you're wearing a suit or driving a car that someone unemployed or employed at a business they can easily check would be able to afford.

-koji K.

I think there is confusion between filing, and paying. The law requires you to pay, but it does not require you to file. If you pay, but do not file, then you have complied with the law.

Another little piece of information about the elimination of the Gold Standard...

www.belleaircoins.com...&things/essays/investing.html
By executive order of President Roosevelt in April 1933, "Persons are ordered to surrender all gold bullion and gold coins, except those of special value to collectors or rare and unusual coins.". Intent was to free money that was thought to be stagnating in gold. The nation was in the middle of the great depression, and this supposedly would stimulate the economy and spur economic recovery. In those days the people lined up like sheep at the banks, getting less than the world gold price for bars and ingots. At the time a $20 gold coin contained over $21+ worth of gold, but the citizens got only a paper $20 bill. Many of the big banking institutions shipped those $20 gold coins to Switzerland and other European banks where they received the full $21+. This is a reason that the greatest source for American gold coin has been from the European banks. By another executive order seven months later (after all the gold was confiscated) the dollar was devalued in terms of gold making a $20 gold coin worth about $35 in paper dollars. The citizen who dutifully turned in a $20 gold coin had $20. The person who didn't had a coin worth $35.00, which was several weeks pay for many.

Actually what happened is the government literally seized the only real money the folks had left, and then let the FED loan them their own money back to them. Sickening really, but the people belived they had to surrender their gold and other precious metals for their own safety... Order from chaos.

I am new so bear with me,

After reading the threads about the 1040 filings, as a citizen, where can I go to do my own research into this?

Also, I would like some more information about the Federal Reserve.

Thanks.

Originally posted by reeree2702
I am new so bear with me,

After reading the threads about the 1040 filings, as a citizen, where can I go to do my own research into this?

Also, I would like some more information about the Federal Reserve.

Thanks.

Wikipedia has some good articles on the federal reserve system. If you have access to a law library, Banking Law and Regulation by Macey, Miller, and Carnell has an excellent short background on the Federal Reserve. It's a casebook, but the narrative sections alone will provide good information. A good, less legal but still thorough book is The Money Market by Marcia Stigum. This is a classic and should be available at any library or large bookstore. Finally, I haven't read it, but I hear a book called Secrets of the Temple is regarded as a classic in the field of Federal Reserve banking also.

If you want to know about the laws regarding filing, I provided some links in the other thread on ATS regarding similar topics that I recommend.

If you are thinking of not filing, or filing a substitute form, you are strongly encouraged to speak to a tax lawyer beforehand. Not to do so would be like making a decision to take a specific medication without speaking to a doctor first.

-koji K.

[edit on 25-5-2005 by koji_K]

Originally posted by spamandham
This was an actual court case, that was actually dismissed as a result of the evidence submitted.

No. The prosecution moved to dismiss

Just as the hearing before Judge Gordon Quist began, the DOJ attorneys moved to dismiss the IRS's probation violation claim against Lear that would have sent him back to prison.

A judge didn't review it and determine that there's no requirement to file taxes or pay taxes. The prosecution decided to stop the case, the authors of the article assume its because 'taxes are illegal'.

Originally posted by Nygdan

Originally posted by spamandham
This was an actual court case, that was actually dismissed as a result of the evidence submitted.

No. The prosecution moved to dismiss

The IRS is not in the habit of dismissing cases against beligerant nonfilers. I find it impossible to believe they would do so unless the defendent had a solid case.

Originally posted by Nygdan
A judge didn't review it and determine that there's no requirement to file taxes or pay taxes. The prosecution decided to stop the case, the authors of the article assume its because 'taxes are illegal'.

You are attempting to criticize something you haven't even bothered to read. Nowhere in that article is the claim made that 'taxes are illegal', and that isn't even what the article is about.