Jack Townsend shared this at his blog: Good Advice on Talking to Investigators – Fifth Amendment.
IRS calls you on the phone. “Do you mind answering a few questions about your return?” A border guard asks a US citizen living in Canada, “Have you been filing your tax returns?” What is the correct response?
The ‘right to silence’ is protected in Sec 7 and 11(c) of the Canadian Charter of Rights and Freedoms.
Thank you for posting that video. I watched it ages ago and vowed I would never forget — although I forgot some of the specifics, I did remember the gist of the advice. I certainly needed that refresher course though because it really is hard not to talk (witness my ramblings here on IBS). EVERYONE should watch it, even if it is just to enjoy seeing an erudite and entertaining professor in action. Canada has it’s own version of the Fifth Amendment (The Right to Remain Silent) and here is some further information regarding that …
http://resources.lawinfo.com/en/canadian-legal-faqs/criminal-law/federal/arrest-detention-charge-constitutional-rights.html
*Now I put it on pause, now,this video is a great contribution, thanks. It made me remember when the Swedish Tax Authorities called me and asked me about some income which I had to divide up between Sweden and Norway. At the end, he asked me “is there anything else you would like to tell me about” —-which had immediately made me think that I must have done something wrong.
I am not so sure how to apply the advice, though, if written audit questions were to come in. As I understand it, the IRS is not a court, and they don’t follow the 5th amendment—they just tack on one more penalty when you don’t respond.
Regarding the IRS … if they call (doG forbid). Would it be saying too much to respond to any question they might ask with, “I will have to take a serious look at what you are asking and possibly consult a tax attorney. Please send your questions to me by mail.”
@Petros…
Thanks for posting that. I also added here last night. It is better to have it as a post by itself.
The other thing I’ll point out is even the US Treasury Department admits ”willful” failure to file a return is only a misdmeanor(they are trying to change this). The real serious charges aren’t when one fails to file a return even willfully but when people file incorrect returns, make false statements etc. Now each year there is a willful failure to file is its own misdemeanor “count” subject to a 25,000 fine or one year in jail however, making a false statement to a federal agent is a felony with a penalty of five years in jail maximum.
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