Article Image Powell Gammill

Letters to the Editor • TAXES: Federal

5th Amendment Process To Establish Jurisdiction in Income Tax

• Article

The inquiry regarding the 5th Amendment should go to the enforcing party, not the political representative. It should also contain something like the following statement:

"Please show, with full legal reference, (1) How refusal to testify against myself would implicate me in a criminal offense and (2) How the 5th Amendment does not protect me against requirement to testify against myself in that matter. Failure, within 30 days, to show forceful legal reference, superior to Constitutional Law, for either of those points will confirm my innocence and/or my right to not testify against myself and will demonstrate and establish a final nullity in any demand for me to provide testimony against myself."

That statement should be delivered in the form of a copy of an affidavit. If a satisfactory response to each point is not received within 30 days a notice of default should then be sent, again, as a copy of an affidavit.

If no satisfactory response is received (a response showing law or legal obligation superior to Constitutional Law) then no court may lawfully require self-testimony in that matter.

Jerry Day


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