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by giantg2 1382 days ago
Criminals are still required to pay taxes, they just aren't required to list its source (misc entry on income form). Leary's case was won on the basis that the registering provision violated the right to not self-incriminate (and that you couldn't pay that tax without registering).

Similar for the NFA case - they can't get then for the failure to register, but they can still get them for manufacturing/possessing it (especially since it was amended after the ruling).
1 comments
notch656a 1382 days ago
>Criminals are still required to pay taxes, they just aren't required to list its source

>they can't get then for the failure to register

A criminal filing an 8300 would be effectively "registering" their illegally owned money, including the source from who the money is received.

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giantg2 1382 days ago
Please read prior comment

"and that you couldn't pay that tax without registering"

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notch656a 1382 days ago
Ultimately though the issue wasn't the tax, but that you had to register the evidence of your crime. If you could pay the tax anonymously it would have been fine. On the flipside, merely a requirement to register without paying the tax would still be self incrimination.

The form 8300 actually requires you to state both counterparties of the illegal transaction, which goes well within furnishing evidence useful in incriminating yourself. It's far more incriminating than the annual tax return, which shows an aggregate yearly amount rather than granularity of single transaction (or collection of "associated"-transaction) along with the date and name of both counterparties and a host of other details.

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