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Frivolous Tax Questions
In the United States there are a couple of different meanings to frivolous
, there are frivolous tax arguments and frivolous
. These two things are very different and have different legalities behind them. Below are questions that people have asked the Experts in regards to frivolous tax.
What is a frivolous tax argument?
The most common frivolous tax argument is that citizens of the United States do not really have to pay taxes. The argument made is that the 16th Amendment to the Constitution of the United States was never ratified properly or if it was that does not permit
of an individual’s income or certain types of an individual’s income. Another argument that has been made is that enforcement of paying taxes is a violation of the 5th Amendment of the Constitution of the United States; with the argument being that the 5th Amendment gives individuals protection from having to file a
return. All of these arguments have been debunked with several Supreme Court trials, such as United States v. Sullivan. If individuals do not file an income tax return based upon these frivolous tax arguments they may face civil or criminal penalties.
What are some reasons for the IRS to label a tax return as a frivolous tax return?
Internal Revenue Code
under code 6702 is where an individual would find what the IRS considers to be frivolous tax returns. In particular Paragraph C discusses the frivolous tax argument in which individuals have taken the position that they do not have to pay taxes on the basis that there is no
that states that they must. Also found there is when a
has reported that they have zero
, even though they have reported income for the year filed.
What are the Internal Revenue Codes that deal with frivolous tax returns?
In the Internal Revenue Code, Sections 6702 and 6703 deal with frivolous tax returns. Code 6702 mainly deals with the penalties an individual may face for filing a frivolous tax return. Code 6703 deals with what the burden of proof the individual may have in regards to a Code 6702 penalty.
Can filing a tax return off a paystub be considered a frivolous tax return?
Often, when filing a tax return this can be considered a frivolous tax return and may be penalized as such. The individual may also have to re-file the tax return with a W-2. The IRS has a requirement of the W-2 being mailed with the return if it is mailed; if it is e-filed then it must go with Form 8453. If an individual has not received their W-2 by February 15th they are also able to make use of Form 4852 as a substitute W-2.
Frivolous tax arguments are arguments that are made against having to pay taxes. There are individuals in the United States that argue that there are no laws that mandate the paying of taxes. There are several court cases and laws in place that have debunked these theories. There are several ways for the IRS to determine that a tax return is a frivolous tax return. These can be found in Code 6702 of the Internal Revenue Code. Also included in Code 6702 are the penalties that can be doled out for frivolous tax returns, while Code 6703 provides an individual with what the burden of proof will be with those penalties found in Code 6702. Any questions regarding frivolous tax can be directed to the Experts.
Recent Frivolous Questions
Good evening,Il like to ask some specifics questions about
Il like to ask some specifics questions about some IRC code and voluntary compliance
When my mother in law retired, she gave both sons equal
When my mother in law retired, she gave both sons equal shares of her company stock. The money was to be used for her care, if necessary. We were able to provide for her without touching the money. She died several years later. My husband still has his stock, with dividends paid quarterly, on approximately $40,000. He wants to keep the money to help pay for our granddaughter's college education. She is now 8 years old. Her parents will not be able to assist financially.
I would like to take some of the money to make improvements to our home because of my husband's disability (currently wheelchair bound) and other necessary repairs. My husband is 75 and I am 73. We live on Social Security, Navy retirement, VA disability, and a very small pension from his previous employer.
What is your advice? If you agree that some of the money could be used for home improvements, what percentage could be used? I'm afraid that there will be another economic crash, and all money will be lost.
I need an attorney who knows how Appeals works. My 2011 is
I need an attorney who knows how Appeals works. My 2011 is in appeals -filing, after the IRS did their assessment and decided I owe $25K. (I filled out the court paperwork, but IRS put it in Appeals.) Here's my question: I cooperated fully with the appeals officer. Gave her all the deduction receipts to back up that I don't owe any money. Appeals is supposed to be this "fair" and "impartial" assessment, but that's not what I'm discovering. It's more like trying any trick to get more money out of the taxpayer. , the appeals officer is disallowing deductions because I only have one legitimate receipt per deduction. She claims I need "more documentation". Now she's asking receipts deductions, but I don't see the point. She's just disallowing whatever she feels like. What happens if I refuse to work with her any more? Will my case go to Tax Court? (which is fine with me) Or can the IRS just decide I owe $25K and start garnishing?
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