irss disclosure of overseas bank accounts

I wonder how much time the IRS spends informing OVDI suspects of their rights under the Constitution. Third, it threatens with fines that are way out of proportion to the damage done to government, in violation of the Eighth Amendment: e.g., a $10,000 account earns in a year interest of $100, for which $25 tax is owed–damage to the government, $25 potential non-wilful fine, $10,000 potential willful fine, up to $100,000 or 50% of the contents of the account per annum. Second, it is oblivious to the Fifth Amendment rights–forcing citizens to hand over information that is potentially incriminating. First, the requirement to file FBARs is tantamount to a general warrant, in violation of the Fourth Amendment. The IRS, with the authorization of Congress, has acted in a manner which seems callous and oblivious to constitutional rights. It would seem to me that the intent of Miranda is to guarantee that law enforcement conducts its business in a manner that respects constitutional rights. In the Miranda decision, the Supreme Court made it essentially illegal to convict a person based on information provided by the suspect who has not been informed of his rights.

These are dangerous waters that the IRS is navigating in light of Miranda. As I have argued, the OVDI is a make believe world in which a person has no rights, and in that world, the IRS makes up the rules as they go along. But I nevertheless suspect that the IRS has largely set aside the constitutional guarantees to due process (see Fifth Amendment), both substantive and procedural due process. So this remains at the level of civil law. In the OVDI, the IRS agrees not to bring criminal charges provided that the suspect co-operates with the proceedings. The analogy to FBAR and to Offshore Voluntary Disclosure Initiatives (OVDI) is perhaps not obvious. As a result of this, law enforcement routinely informs arrested criminal suspects of their Miranda Rights, so that the evidence that the suspect provides may be admissible in court. But the Supreme Court ruled that law enforcement failed to inform him of his Fifth Amendment right not to incriminate himself and the Court therefore ordered a new trial, not permitting the evidence of his confession. In 1963 Ernesto Miranda confessed to theft, kidnapping and rape and was convicted.

Mopsick, 30 year IRS Veteran has responded. The big boy says to the teacher: “He gave it to me voluntarily.” If a big boy says to a little boy at school, “Give me your lunch money or I will clobber you on your way home today.” The teacher sees the little boy hand the money over to the big boy. This is a thought experiment regarding the Miranda Rights and how they might properly apply to OVDI and FBAR.

Irss disclosure of overseas bank accounts