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Comment by woodruffw | Hacker News Reader

I'm prepared to be surprised, but I don't think you can even "plead the 5th" with respect to your tax forms: the IRS has thought of that, and will happily supply you with a form needed to report illegal income without actually specifying the source of your illegal income[1].

The answer is much simpler: being asked if you own or owned digital assets during a particular tax year doesn't amount to compelled admission of a crime, because owning digital assets isn't illegal. The only illegal thing would be dodging one's taxes.

[1]: https://www.irs.gov/publications/p525#en_US_2021_publink1000...

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> Feel free to seek the advice of an attorney on taking the 5th on a tax form

> Feel free to seek the advice of an attorney

> seek the advice of an attorney

> an attorney

Are you an attorney?

> being asked XXXX doesn't amount to compelled admission of a crime, because XXXX isn't illegal

This is bad legal advice! Talk to a lawyer (before you talk to the IRS or any government investigatory agency), especially if it is your plan or intent to lie to the government or challenge their interpretation of a law and how it governs your behavior (the premise of OP).

Better advice: Seek tax or legal advice on HN. From anyone.

This is an internet forum, and I am not offering legal advice. I'm offering legal exegesis, which you're more than welcome to debate!

I was under the impression you could only plead the 5th in criminal proceedings. I don’t think you can use it when being interviewed by a grand jury, for example.

If that’s correct then I don’t see how you would be able to plead the 5th on a standard government form.

You can indeed plead the 5th to a grand jury, if your testimony might conceivably be used to prosecute you.

Similarly for a government form: the government can't slide you a piece of paper and compel you to bear witness against yourself outside of a courtroom. But that isn't remotely close to what's happening here, because none of the information the IRS asks taxpayers for can be used to prosecute them (because it isn't illegal to own digital assets).

Edit: s/ask/compel/

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