Joseph R. (Joe) Banister, C.P.A.
How Many IRS Agents Does It Take To Commit Fraud?
Sun Aug 22, 2004 02:41
64.140.158.177
-------- Original Message --------
Subject: How Many IRS Agents Does It Take To Commit Fraud?
Date: Sun, 22 Aug 2004 03:09:03 GMT
To: APFN apfn@apfn.org
Freedom Above Fortune News
Dear Friends:
David Cay Johnston of the New York Times authored an article regarding a couple of really "swell" attorneys who worked for the IRS. Mr. Johnston reported on a federal court ruling that these attorneys defrauded the U.S. Courts so that the I.R.S. could win 1,300 tax shelter cases. I am sharing the article that was recently shared with me. Please see below.
Consider This: If only 2 IRS attorneys are capable of defrauding people in 1,300 different tax cases, what rational person would find it hard to believe that the IRS, an agency of 100,000 strong and possessing the unparalleled power to economically destroy anyone it chooses, is capable of defrauding an entire nation?
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2 Ex-I.R.S. Lawyers' Licenses Suspended for Misconduct
The New York Times
By DAVID CAY JOHNSTON
Published: August 21, 2004
he 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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-For those who are unfamiliar with what has transpired to date in this case, please visit http://www.freedomabovefortune.com and click on "IRS LOCKOUT UPDATE" or visit www.joebanister.blogspot.com . You can also find archives of informative radio shows at http://www.hearliberty.com .
-My sincere thanks to those who have prayed for the success of our efforts and contributed to my defense fund. Your continued financial support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law, twists the meaning of the law, and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called “TYRANNY”. This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs.
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Kind Regards,
Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent http://www.freedomabovefortune.com
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