Results 1 to 2 of 2
  1. #1 This was my tax man, he will be forever missed 
    PORCUS STAPHUS ADMIN Rockntractor's Avatar
    Join Date
    Apr 2009
    Location
    oklahoma
    Posts
    52,065
    Tax Accountant Indicted After Investigation by Vindictive IRS Agent

    By National Center for Public Pol... | July 7, 2008 | 8:21 PM EDT







    (Editor's Note: The following is the 47th of 100 stories regarding government regulation from the book Shattered Dreams, written by the National Center for Public Policy Research. CNSNews.com will publish an additional story each day.)

    Richard Gardner owns and operates Gardner's Tax Service in Tulsa, Okla. His firm prepares between 4,500 and 6,000 tax returns a year, making it one of the largest tax services in the state.

    In March of 1995, approximately 15 armed Internal Revenue Service agents and five U.S. Marshals came to Gardner's office with a search warrant. They seized his computers, printers and his clients' tax returns. Despite the implications of wrongdoing, Gardner was not charged with any crime. Nor was he arrested.

    Two years later, however, Gardner was indicted on 23 federal counts. Gardner testified before the U.S. Senate Finance Committee that during the two-year period, the IRS examined between 35,000 and 45,000 of his clients' files looking for proof that Gardner had committed tax fraud. It had questioned hundreds of his clients - some in a threatening manner - and spent hundreds of thousands of dollars to prove their claims of wrongdoing. But the IRS failed to find any improprieties. Despite a lack of evidence of unlawful activities, the Department of Justice (DOJ) still indicted Gardner in March of 1997 on 23 federal counts.

    An IRS agent who was present at the initial raid of Gardner's business handled all 23 of the counts. Gardner testified in the Senate that this agent had a personal problem with him, saying that the agent told two of Gardner's employees, "I've had a personal vendetta against Richard Gardner for 15 years." In December of 1997, the DOJ dropped two counts against Gardner. In January 1998, in federal court, all of the other counts were dropped, and the case was dismissed.

    This ordeal, which lasted 33 months, put great strain on Gardner and his family. He believes the IRS - and that one agent in particular - was out to break him financially and emotionally. He said that the IRS wanted "a high-profile, guilty-even-if-you-are-not victim to use to scare other tax preparers and taxpayers."
    https://www.cnsnews.com/news/article...tive-irs-agent
    Richard went on to sue the pants off the IRS, he was a great man!





    Woe to those who call evil good, and good evil;
    Who substitute darkness for light and light for darkness;
    Who substitute bitter for sweet and sweet for bitter!
    21 Woe to those who are wise in their own eyes
    And clever in their own sight! Isaiah 5:20-21 NASB

    Reply With Quote  
     

  2. #2  
    PORCUS STAPHUS ADMIN Rockntractor's Avatar
    Join Date
    Apr 2009
    Location
    oklahoma
    Posts
    52,065
    Man Pursued by I.R.S. Wins $75,000 to Pay His Lawyer

    By DAVID CAY JOHNSTONFEB. 9, 1999
    Continue reading the main storyShare This Page
    • Share
    • Tweet
    • Email
    • More
    • Save





    Two years ago the Government indicted Richard Gardner on 21 counts of tax and bankruptcy fraud, after a raid in which armed agents of the Internal Revenue Service seized all the computers and files at his income tax preparation business in Tulsa, Okla.
    But in January of last year, the Justice Department withdrew the charges, which Mr. Gardner described as ''unlawful actions designed to punish me for having the temerity to exercise my constitutional rights'' as a way of delaying payment of back taxes.
    Now Mr. Gardner has become the first person to have his legal defense fees paid by the Justice Department under a 1997 law intended to curb prosecutions that are ''vexatious, frivolous or in bad faith.'' Without admitting wrongdoing, the department last week paid $75,000 to Mr. Gardner's lawyer, R. Thomas Seymour, for the cost of the case. The two men had sought $102,000.
    The Gardner case was extraordinary because once an indictment is handed up in a tax matter, the Justice Department routinely insists on either going to trial or obtaining a guilty plea to at least one charge. Elliot H. Kajan, a prominent criminal tax lawyer in Beverly Hills, Calif., said that ''there must have been other cases in which all charges were withdrawn in a tax case, but it is so rare that I have never heard of them.''
    The payment for Mr. Gardner followed a finding in his favor last July by Judge Sven Erik Holmes of the Federal District Court in Tulsa. Ruling on the effort to show that the prosecution had been frivolous, Judge Holmes held that given the withdrawal of all charges, Mr. Gardner had ''prevailed.''
    Continue reading the main story




    The Justice Department then began negotiating how much it would pay under the 1997 law, which expanded to frivolous criminal prosecutions the provisions of the Equal Access to Justice Act that already applied to civil cases.
    Justice Department officials had no comment yesterday. The I.R.S., whose discussion of tax cases is limited by law, also declined to comment.
    California Today

    The news and stories that matter to Californians (and anyone else interested in the state), delivered weekday mornings.
    Sign Up




    Mr. Gardner is the sixth-largest income tax preparer in Oklahoma and also runs a store selling used books and comics. By his own account, he was chronically late turning over income and Social Security taxes withheld from the paychecks of his seven employees.
    In December 1994, court records show, an I.R.S. collection agent demanded $20,000 that was overdue. Mr. Gardner said he would pay in a few weeks, after receiving expected payments from clients. The collection agent, the court records show, then threatened a ''jeopardy assessment,'' in which cash, bank accounts and property can be seized. Mr. Gardner replied that he could place his two businesses in bankruptcy, which would stall the I.R.S. collection efforts for 90 days.
    A few days later Mr. Gardner did indeed place his two businesses in bankruptcy. Only days after that, he paid the overdue taxes and canceled the bankruptcy actions.
    ''The local I.R.S. officials,'' said his lawyer, Mr. Seymour, ''took this lawful, routine business action, this exercising of a constitutional right, as a personal affront and set out to destroy Richard's business.''
    In March 1995, armed agents raided Mr. Gardner's tax preparation office, seizing records as clients scattered. That night, Mr. Gardner said, he bought new computers, and the next morning was back in business when Bob Walter, an I.R.S. criminal agent, telephoned. According to court records, Mr. Walter said: ''I'm surprised you're open. We thought we'd put you out of business.''
    Mr. Gardner says two things have changed since the raid.
    ''I'm not late paying my taxes anymore,'' he said. ''And my business is doing better than ever, because my customers stood by me and told others about me.''
    http://www.nytimes.com/1999/02/09/us...is-lawyer.html


    Woe to those who call evil good, and good evil;
    Who substitute darkness for light and light for darkness;
    Who substitute bitter for sweet and sweet for bitter!
    21 Woe to those who are wise in their own eyes
    And clever in their own sight! Isaiah 5:20-21 NASB

    Reply With Quote  
     

Bookmarks
Bookmarks
Posting Permissions
  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •