-----Original Message-----

From: Curious Reader

Sent: Wednesday, February 03, 1999 2:38 PM

To: KMKCPA@TaxGuru.org

Subject: The Tax Guru

I could find no place to e-mail you on The Tax Guru so I hope this gets to you.  You say that those who preach voluntary income tax are wrong, but isn't it true that submitting to an IRS audit is bearing witness against yourself and therefore in violation of the 5th amendment?  I have been researching this subject and I would appreciate your input.

Thank you, Curious Reader

 

Tax Guru’s Reply:

 

Dear Reader:

Thanks for your note.  I in no way agree that this is right, but all three branches of our government, including the courts, have consistently ruled that the protections afforded us under the Constitution are null & void when it comes to taxes.  Besides the example you mentioned, there are dozens of others in the tax arena where the Constitution is literally ignored.  As I often say in my speeches & articles, taxpayers have much fewer rights than do mass murderers.   I have long  been advising Congressmen & Senators that the quickest way to instill some respect for the tax system is to remove the IRS's exemption from the Constitutional protections.  They refuse because they believe that would lead to less money for the government, which they consider to be much more important than the Constitution. 

 

Unfortunately, those of us who believe in the Constitution are out-gunned by those who don't.  Those who refuse to file and pay taxes end up losing their property, their freedom, & occasionally their lives.  Those who claim taxes are voluntary are flat out wrong.  IRS prefers that people voluntarily comply; but is very willing to use its brute force on non-volunteers.

 

Kerry Kerstetter

KMKCPA@TaxGuru.org

 

 

[Later that same day… ]

 

-----Original Message-----

From: Curious Reader

Sent: Wednesday, February 03, 1999 4:27 PM

To: KMKCPA@TaxGuru.org

Subject: Income Tax Voluntary

What about those people like Irwin Schiff who have fought the IRS and won?  I also know of people who have taken tape recorders to meetings with the IRS and so nothing is ever said.  If you have your assets in a trust so the IRS can't touch them then you don't have to pay do you?  If this is possible then don't we all have the duty to not pay taxes and spread the news.  It's not that I don't want to pay taxes.  I would gladly pay a federal sales tax.  If enough of us spread the news and stop paying couldn't we force congress to change the tax system?  Why doesn't the media carry the story of constitutional rights being violated?

 

 

Tax Guru’s Reply

 

Dear C.R.:

 

I have been studying these issues for well over 20 years.  I have even bought some of the tax protestor materials, including some by Irwin Schiff.  I don't know how anyone can consider him as a winner, when he has spent several years in prison & cannot vote.  I have seen him recently still proclaiming his message; but he is still under IRS attack.  Other leaders of the protestor movement have had similar results.  Going to prison & losing everything you have isn't a victory in my book.

 

There are rules about taping IRS meetings, including advance notice & their ability to also tape.  The problem with anything said by anyone at IRS is that it's not "official" & really holds no weight in future appeals.  I work with the IRS a lot representing clients & at least 50% of what they say I know to be absolute garbage & not supportable by law.    

 

Trusts aren't iron tight protection against IRS.  They might protect against civil case judgments, but IRS has been allowed to become a virtual KGB, with no limitations.

 

It's anyone's guess why the media choose to ignore these issues.  It's been very frustrating for those of us who support the Constitution.   There may be some parallels in why they are so strong in supporting the Clinton gang.  They seem to love big government & the money it requires.  If people paid in less taxes, that could threaten the government programs.  The unsurprising thing is that media people are hypocrites.  I have some as clients & they are just as aggressive in wanting to save on their own taxes as anyone else.

 

Kerry

 

 

Revised 5/20/99 8:08 PM

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