This past week a California civil jury comprised of three women and three men struck an overdue blow for freedom in the United States District Court of Northern California, San Jose Division. For those citizens and residents of the United States who believe that they cannot get fair treatment from our government and our legal system, this proves, at least in one specific case, that justice can prevail.
With good lawyers, a fair judge, and a willingness to stick to his guns, Thomas E. Seidel of Monterey, California overturned a tweleve year old IRS determination that he owed some $601,000.00+ in civil penalties, plus interest, all totaling more than $1,000,000.00. Mr. Seidel (along with his family) has been battling federal tax liens, levies on his property and that of his wife, including their wages, and seizures totaling hundreds of thousands of dollars from his wife's wholly owned corporation since before the turn of this century.
The IRS violated Mr. Seidel's statutory rights to notice and an opportunity to be heard and contest the IRS' determination of liability back in 1996. Ten years later, unable to previously collect, the IRS sued Mr. Seidel to reduce their determination (assessment) to judgment. Mr. Seidel, represented by Robert Alan Jones, a nationally known tax defense attorney, and Ms. Randy Pollock of Oakland, Ca. his local co-counsel, contested the IRS action. The defense attorneys alertly demanded all relevant government records and notes. These materials when delivered clearly showed that Mr. Seidel's rights had been violated. The court agreed, U.S. District Judge Jeremy Fogel ruling as a matter of law that notice was insufficient. However, the IRS through representation by the United States Attorney's Office Tax Division from San Francisco presented a case to indicate that the violation was waived by the defendant Mr. Seidel's consent to assessment.
Not so! ruled the jury. The defendant was not given his rights, and the government may not benefit by violating these rights. This is truly a landmark victory for the taxpayers, but hardly unexpected in cases tried by Robert Alan Jones against the IRS.
Mr. Jones has won three landmark cases in the past nine months against the IRS. The current case is USA v Thomas E. Seidel, Case no. 5:07-cv-04128 U.S. District Court for the Northern District of California. Previously on May 16, 2008, in U.S. District Court in Cincinnati, Ohio Mr. Jones was successful in having a complicated criminal tax conspiracy case against four defendants dismissed for violation of their speedy trial rights, Case no. 1:05-cr-45. Finally, on May 1, 2008 Mr. Jones and co-counsel, Mr. Declan O'Donnell, of Castle Rock, Colorado prevailed in U.S. Tax Court persuading Tax Court Judge Renato Beghe to re-open taxpayer fraud claims against the IRS that they had been misled into settling their Tax Court cases when IRS lawyers withheld vital information from them upon which their settlements were based. Hartman, Lewis, and Liu v. Commissioner of Internal Revenue, Case no. 1371-85 (T.C. Memo. 2008-124)
Mr. Jones, a former federal prosecutor and member of the retired U.S. Marine Corps Reserve can be reached through info@acriminaltaxattorney.com for those who want to challenge the "judicial system" within the rules of the judicial system.
Wednesday, January 21, 2009
IRS SANCTION DOUBLED BY U.S. TAX COURT
FOR IMMEDIATE RELEASE
IRS SANCTION DOUBLED BY U.S. TAX COURT
Long time Colorado attorney Declan Joseph O’Donnell reports that his clients’ $30 million judgment against the IRS doubled in value to $60 million (+++) on May 1, 2008. Judge Beghe of the U.S. Tax Court filed the Court’s long awaited decision. It solidified a broader base of beneficiary-clients and detailed the enormous fraud on that Court more precisely. Clients are air line pilot investors in the Kersting Project.
Robert Alan Jones, a well-known Colorado tax attorney with principal offices in Las Vegas, Nevada, and Mr. O’Donnell’s associate, labeled this cogent 137-page decision as “seminal, sensational, and unprecedented.” The IRS lawyers and participating personnel were undressed in public, so to speak, by their own fraud on the Court, on the lead cases, (known as the Dixon group of cases with Messers Hartman, Lewis, and Liu leading this supplemental challenge), and fraud on all eighteen hundred taxpayers who relied on this lead case as honestly tried by IRS attorneys.
Mr. Jones and Mr. O’Donnell as lead counsel on this Hartman and Lewis T.C. Memo. 2008-124, (May1, 2008) teamed up to turn the tide for their clients and five hundred of Kersting investor-petitioners who previously settled and paid the full deficiencies to the IRS. They were excluded from the previous $30 million judgment registered in 2005 and reported nationally. The IRS claimed the fraud on the Court was procedural only and these investors should have known better when they settled, so they should have released or waived participation in these refund proceedings.
The U.S. Tax Court sided with the fully settled investors. The fraud on the Court of bribing witnesses with lucrative settlements before they testified, failing to advise the U.S. Tax Court of the settlements, and, believe it or not, subsequently attempting to hide the ball institutionally was deemed a structural defect that destroyed confidence in the court system, broke every rule in the book, and embarrassed the IRS and thousands of its dedicated honest workers.
Attorney Joe Alfred Izen of Houston, Texas, the lead counsel in earlier test case and appeals proceedings participated with O’Donnell and Jones in remand proceedings for the group of thirteen hundred (1300) investors. This specific May 1, 2008, decision to O’Donnell and Jones for their clients focused on previously excluded investors who had settled before the “fraud on the court” was recognized by the the Ninth Circuit in its landmark decision in 2003, Dixon V, .
Until this current decision, the IRS has refused to deal with settled investors who were also cheated by the IRS counsel fraud claiming finality of the settlements. by tax court rule. Kudoos are not only in order for Mr. Jones and Mr. O’Donnell. Our hats go off to United States Tax Court Judge Renato Beghe whose logic and wisdom is clear to all who read his opinion, but most importantly he has struck a devastating blow in favor of judicial integrity and protecting our court system and taxpayers from IRS abuse.
All objections by the IRS evaporated under Judge Beghe’s chronoligy, logic, and detail. Mr. Jones and Mr. O’Donnell are finally satisfied that this 19 year court struggle against overwhelming superior government resources is nearly over. The IRS was most recently represented by Mr. Henry O’Neill, trial attorney, Honolulu, Hawaii, IRS Regional Counsel’s Office. Mr. O’Neill does not comment on these cases.
Declan J. O'Donnell, Esq.Declan Joseph O’Donnell
777 Fifth Street
Castle Rock, Colorado 80104
Telephone: 303-688-1193
Robert Alan Jones, Esq.R.A.J., Ltd.
1061 E. Flamingo Rd. #7
Las Vegas, Nevada 89119
Telephone: 702-791-3405
RAJLTD@AOL.COM
Source: http://questforfairtrialinconcordnh.blogspot.com/2008/05/irs-sanction-doubled-by-us-tax-court.html
IRS SANCTION DOUBLED BY U.S. TAX COURT
Long time Colorado attorney Declan Joseph O’Donnell reports that his clients’ $30 million judgment against the IRS doubled in value to $60 million (+++) on May 1, 2008. Judge Beghe of the U.S. Tax Court filed the Court’s long awaited decision. It solidified a broader base of beneficiary-clients and detailed the enormous fraud on that Court more precisely. Clients are air line pilot investors in the Kersting Project.
Robert Alan Jones, a well-known Colorado tax attorney with principal offices in Las Vegas, Nevada, and Mr. O’Donnell’s associate, labeled this cogent 137-page decision as “seminal, sensational, and unprecedented.” The IRS lawyers and participating personnel were undressed in public, so to speak, by their own fraud on the Court, on the lead cases, (known as the Dixon group of cases with Messers Hartman, Lewis, and Liu leading this supplemental challenge), and fraud on all eighteen hundred taxpayers who relied on this lead case as honestly tried by IRS attorneys.
Mr. Jones and Mr. O’Donnell as lead counsel on this Hartman and Lewis T.C. Memo. 2008-124, (May1, 2008) teamed up to turn the tide for their clients and five hundred of Kersting investor-petitioners who previously settled and paid the full deficiencies to the IRS. They were excluded from the previous $30 million judgment registered in 2005 and reported nationally. The IRS claimed the fraud on the Court was procedural only and these investors should have known better when they settled, so they should have released or waived participation in these refund proceedings.
The U.S. Tax Court sided with the fully settled investors. The fraud on the Court of bribing witnesses with lucrative settlements before they testified, failing to advise the U.S. Tax Court of the settlements, and, believe it or not, subsequently attempting to hide the ball institutionally was deemed a structural defect that destroyed confidence in the court system, broke every rule in the book, and embarrassed the IRS and thousands of its dedicated honest workers.
Attorney Joe Alfred Izen of Houston, Texas, the lead counsel in earlier test case and appeals proceedings participated with O’Donnell and Jones in remand proceedings for the group of thirteen hundred (1300) investors. This specific May 1, 2008, decision to O’Donnell and Jones for their clients focused on previously excluded investors who had settled before the “fraud on the court” was recognized by the the Ninth Circuit in its landmark decision in 2003, Dixon V, .
Until this current decision, the IRS has refused to deal with settled investors who were also cheated by the IRS counsel fraud claiming finality of the settlements. by tax court rule. Kudoos are not only in order for Mr. Jones and Mr. O’Donnell. Our hats go off to United States Tax Court Judge Renato Beghe whose logic and wisdom is clear to all who read his opinion, but most importantly he has struck a devastating blow in favor of judicial integrity and protecting our court system and taxpayers from IRS abuse.
All objections by the IRS evaporated under Judge Beghe’s chronoligy, logic, and detail. Mr. Jones and Mr. O’Donnell are finally satisfied that this 19 year court struggle against overwhelming superior government resources is nearly over. The IRS was most recently represented by Mr. Henry O’Neill, trial attorney, Honolulu, Hawaii, IRS Regional Counsel’s Office. Mr. O’Neill does not comment on these cases.
Declan J. O'Donnell, Esq.Declan Joseph O’Donnell
777 Fifth Street
Castle Rock, Colorado 80104
Telephone: 303-688-1193
Robert Alan Jones, Esq.R.A.J., Ltd.
1061 E. Flamingo Rd. #7
Las Vegas, Nevada 89119
Telephone: 702-791-3405
RAJLTD@AOL.COM
Source: http://questforfairtrialinconcordnh.blogspot.com/2008/05/irs-sanction-doubled-by-us-tax-court.html
Thursday, January 8, 2009
Reasons for Getting a Tax Attorney
Author: Ioan Margineanu
People can get sued for many reasons. There are a few ways to protect your self from a lawsuit, but some lawsuits are just unexpected. The most common way of getting in trouble with the law without even knowing it is when it comes to the tax law. Many people make mistakes when it comes to their taxes without even knowing it, but they will later find themselves in rough problems with the IRS. In this case, the best way to get protection is with a tax attorney.
Most people don’t realize that there is a significant difference between a CPA and tax attorney. A tax attorney can prepare a strong case when dealing with the IRS and everything you tell him is confidential. If you tell your CPA that you’ve done something illegal when it comes to taxes, he has to testify in court. On the other hand, the relationship between you and your tax attorney is somewhat similar to that between you and your priest or your doctor. Most people hire a tax attorney when they start having problems with the IRS, but it is best to already have an attorney before any incident. If the IRS starts an investigation on you, it might be a mistake or you might have done something illegal. There are a number of things that you can do wrong when it comes to taxes and the IRS has the right to start investigating. To make sure that the investigation doesn’t end badly for you, you need to hire yourself a good tax attorney. Unlike general attorneys, tax attorneys are confronted with tax problems every day. They have higher experience in this field and they know how to get around a rough situation.
The tax law is complicated because of three facts: it changes often, it can differ from state to state and it is not black and white. If you don’t have special knowledge about this matter, you will find it hard to keep in touch with all the changes in the jurisdiction. That is why you need a person with experience to handle your problems with the IRS. Your tax attorney will "fight" the IRS for you. Most people get in higher difficulties because they try to handle the IRS themselves and they give more information than they should. The IRS can start investigation based on our statements so it is best to let a tax attorney talk for you.
A tax attorney can stop the IRS through a number of strategies and it is up to you to decide what exactly to use. You can explain your situation and you and your attorney can come up with the best solution for your problems. The IRS uses many techniques in order to get what they want and they usually succeed. Only an experienced tax attorney can stop them in their tracks.
Any person that owns a business or has a reasonable amount of money in real estate or cash should try hiring a tax attorney. You can’t keep in touch with every move in the tax law, but your attorney can. A good tax attorney can make you save thousands of dollars in tax deductions and he can make sure that the IRS can’t touch you. The best way to stop a problem with the IRS is preventing it and only a good attorney can help you do that. You just need to search and find out who is the best.
Article Source: http://www.articlesbase.com/law-articles/reasons-for-getting-a-tax-attorney-255310.html
People can get sued for many reasons. There are a few ways to protect your self from a lawsuit, but some lawsuits are just unexpected. The most common way of getting in trouble with the law without even knowing it is when it comes to the tax law. Many people make mistakes when it comes to their taxes without even knowing it, but they will later find themselves in rough problems with the IRS. In this case, the best way to get protection is with a tax attorney.
Most people don’t realize that there is a significant difference between a CPA and tax attorney. A tax attorney can prepare a strong case when dealing with the IRS and everything you tell him is confidential. If you tell your CPA that you’ve done something illegal when it comes to taxes, he has to testify in court. On the other hand, the relationship between you and your tax attorney is somewhat similar to that between you and your priest or your doctor. Most people hire a tax attorney when they start having problems with the IRS, but it is best to already have an attorney before any incident. If the IRS starts an investigation on you, it might be a mistake or you might have done something illegal. There are a number of things that you can do wrong when it comes to taxes and the IRS has the right to start investigating. To make sure that the investigation doesn’t end badly for you, you need to hire yourself a good tax attorney. Unlike general attorneys, tax attorneys are confronted with tax problems every day. They have higher experience in this field and they know how to get around a rough situation.
The tax law is complicated because of three facts: it changes often, it can differ from state to state and it is not black and white. If you don’t have special knowledge about this matter, you will find it hard to keep in touch with all the changes in the jurisdiction. That is why you need a person with experience to handle your problems with the IRS. Your tax attorney will "fight" the IRS for you. Most people get in higher difficulties because they try to handle the IRS themselves and they give more information than they should. The IRS can start investigation based on our statements so it is best to let a tax attorney talk for you.
A tax attorney can stop the IRS through a number of strategies and it is up to you to decide what exactly to use. You can explain your situation and you and your attorney can come up with the best solution for your problems. The IRS uses many techniques in order to get what they want and they usually succeed. Only an experienced tax attorney can stop them in their tracks.
Any person that owns a business or has a reasonable amount of money in real estate or cash should try hiring a tax attorney. You can’t keep in touch with every move in the tax law, but your attorney can. A good tax attorney can make you save thousands of dollars in tax deductions and he can make sure that the IRS can’t touch you. The best way to stop a problem with the IRS is preventing it and only a good attorney can help you do that. You just need to search and find out who is the best.
Article Source: http://www.articlesbase.com/law-articles/reasons-for-getting-a-tax-attorney-255310.html
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