The supreme Court case of Weeks v. United States, 232 U.S. 383  (1914) provides a powerful constitutional protection of our privacy.  To save the 4th amendment as a living constitutional guarantee, the Court endowed it with an enforcement feature, ordering the exclusion of all evidence obtained through unlawful seizure.  Without the "Exclusionary Rule", seized evidence, regardless of it's origin, would always be admissible.  You can read this case at:

The unanimous "Weeks" opinion said that if the unconstitutionally seized evidence were admitted, the 4th Amendment:

"MIGHT AS WELL BE STRICKEN FROM THE CONSTITUTION."

Furthermore, if the evidence were admitted, courts become parties to the misdeeds of the police, thus compromising the integrity of the judicial process.

The court said:

"The use of the evidence would constitute a denial of constitutional rights of the accused.”

This case and the Supreme court case of Boyd v. U.S., 116 U.S. 616 (1886) should be photo copied and sent along to the IRS when they ask for a 1040 signed by you under penalties of perjury.  At that time you MUST always send them a "Demand for Immunity" and a "Grant of Immunity" for them to sign under penalties of perjury.  Upon receipt of this document you will send them the 1040 by return mail.

This has to be done by a carefully drafted letter, also asking that they uphold their pledge not to reveal the contents on the 1040 to anyone else including the State Tax Authorities, since you have not given them that permission, and will not give them that permission.

This puts them in a box, and when they read the cases, they will know that you have every right to do what you're doing (not filing a 1040) until they Grant You Immunity, AND promise to uphold the privacy Act that they have signed.   For further information on Grants of Immunity, see the following references:

• Section 3.5.10.4 Self-Incrimination Privilege Defined
• Section 3.7.1:  18 U.S.C. 6002-6003.
• Section 3.11.7: 1906: Hale v. Henkel, 201 U.S. 43 (1906)
• Section 3.11.25: 1985: U.S. v. Doe, 465 U.S. 605 (1984)
• Section 5.5: The Laws that Say We Aren’t Liable to File Tax Returns
• Section 7.6.1: What to Do When the IRS Comes Knocking
• Section 10.1.3: Compulsory Production of Documents

This puts the IRS in the BOX.  They have a right to have you sign a 1040 under penalties of perjury, but you have a right to Demand Immunity (both Federal and State).  A Mexican Standoff!  You are invited to look up the cases and shepardize the cases yourself to prove this assertion wrong.  Note that this technique only applies to natural persons and NOT corporations, businesses filing under fictitious names, or other “persons” under the tax code.

How do income tax returns constitute illegally seized evidence?  Well, if compulsion is applied by the government in obtaining tax returns directly from you, and if these returns can be used against you in violation of your Fifth Amendment privilege of non-self incrimination, then you are exercising your Fifth Amendment rights by not providing them without immunity being provided.  For the government to compel you to provide them by, for instance, prosecuting you under 26 U.S.C. §7203 for “Willful Failure to File”, then they have violated your rights unless they are willing to grant you immunity from prosecution.