Karl Granse
2 Ex-I.R.S. Lawyers' Licenses Suspended for Misconduct
Sat Aug 21, 2004 15:36
64.140.158.74
-------- Original Message --------
Subject: 2 Ex-I.R.S. Lawyers' Licenses Suspended for Misconduct
Date: Sat, 21 Aug 2004 04:43:27 -0500
From: Karl Granse
kgranse@frontiernet.net
Organization: C.C.R.
To: C.C.R. Member jhardy4@mn.rr.com
2 Ex-I.R.S. Lawyers' Licenses Suspended for Misconduct
The New York Times
By DAVID CAY JOHNSTON
Published: August 21, 2004
The law licenses of two former Internal Revenue Service (income tax) lawyers
have been suspended for two years after a federal court ruling last year that
they defrauded the U.S. Courts so that the I.R.S. could win 1,300 tax shelter
cases.
W. Kenneth McWade was suspended by the Oregon Supreme Court in an order dated
Aug. 10 and released yesterday by the Oregon State Bar.
Four months ago Arkansas officials suspended the license of William A. Sims.
The United States Tax Court has also suspended both lawyers for two years, and
the I.R.S. director of practice has suspended them indefinitely.
The suspensions followed complaints brought by Michael Louis Minns, a Houston
lawyer who represented 124 of the tax shelter buyers, most of them airline
pilots. One buyer is seeking a $6 million refund.
The Federal Court of Appeals for the Ninth Circuit in San Francisco found in
January 2003 that the lawyers had defrauded the court by making a corrupt deal
with a few of the pilots who bought tax shelters in the 1970's and 1980's.
Under the deal, no IRS tax-collection actions would be taken in regard to
their tax shelters of these pilots in return for false testimony that would
hurt the other pilots.
The U.S. Court called this "extreme misconduct", and asked why the I.R.S. had
not disciplined the IRS lawyers, each of whom was also paid a $1,000 bonus for
their work on the cases.
Mr. Minns then asked the I.R.S. in which state each IRS attorney was licensed,
so that he could seek their disbarment. The I.R.S. refused to give the
information, saying disclosure of their law licenses would violate their
confidentiality.
In fighting the suspension, the two IRS lawyers filed papers contending that
they had acted properly.
IRS attorney Mr. McWade, reached at home in Hawaii, said, "I guess the court
has decided that Oregon lawyers are not entitled to due process." IRS attorney
Mr. Sims, did not respond to voice mail and e-mail messages.
The two men (attorneys) left the I.R.S. after their conduct came under public
scrutiny.
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