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My husband just went through a two-year audit. At first they were only auditing business expenses from 1995. Then it was 1995 and 1996. We provided every receipt we had over and over. We went to an audit in the San Luis Obispo Office and it appeared every thing was acceptable. Nine months later we got a huge bill and another auditor. Just a few weeks ago the IRS attorneys, my husband, myself and our accountant settled for four thousand dollars which we believed we did not owe, but we agreed to avoid going to court instead of going to tax court. The IRS grilled my husband and our accountant for over eight hours, literally picking each receipt apart. That was no more than a week ago.
Now just one week after we settled with them we get a notice in the mail today they are auditing 1998. There is no way you can tell me this is a random audit. This is the most targeted, intentional thing I have ever experienced in my life. The past two years have been stressful and has affected my family, my relationship with my husband and our finances beyond belief. Just accountant fees has made our modest middle class existence hell. The intrusion of this kind of targeted harassment is unbelievable. This to me is harassment that I cannot even fight. We produced every record, every receipt they wanted and believe me they were accurate and organized. We made every meeting and communicated with them fully. I guess cooperation is not the key to successful interaction with them.
Since I've lived with my aunt, I've seen her break down several times because of certified letters from the IRS. The IRS continually sends her letters telling her she owes thousands of dollars every year. If that's not enough, her ex-husband's debt was passed to her after he made a deal. Since then, she has gone bankrupt and lost all of her credit. She now gets a letter that she owes them another $17,000 dollars and they are threatening to garnish her wages. This will leave her homeless. This money that she supposedly owes is from 1996. It took them 2 years to inform her and the whole time it was gathering interest and penalties. I'm sick of the torture and pain that she is being put through. She is now suicidal and in a great amount of fear. The IRS ruins and takes lives of hardworking, wonderful people and never thinks twice about it. They aren't even given any options. They are swindlers and liars.
On September 24, 1999 at 12:00 noon, I report to the federal penitentiary at Ashland, Kentucky to begin serving a one-year prison sentence. I was convicted of filing false statements on my tax returns. I wasn't accused of tax evasion or tax fraud. There had been no audit or determination that any tax is owed. I have appealed the conviction and have asked to be allowed to remain free pending the appeal. The government has opposed my request. For years during the investigation, I offered to answer any questions and explain any transaction. They refused and finally I was indicted. The IRS alleged that twenty-six improper deductions were taken by my law office. How this relates to false statements is a mystery to me. After hearing the evidence, the court dismissed twenty-two of the twenty-six claims, as being entirely unsupported by the evidence or the law. Unfortunately, when the judge dismissed the twenty-two claims, all he told the jury was that he "had removed these items from their considerations". The jury did not know they were to determine if the IRS was right or wrong on the "deductibility" of the other transactions. The judge also refused to tell the jury what the tax law was regarding these transactions.
It appears there may be bias against me in the U. S. Attorney's office and the IRS. Several instances occurred over the years in which I represented clients who were being harassed by both the IRS and the Justice Department. My efforts on behalf of my clients, most of whom were farmers in serious financial trouble, were usually successful. I would represent them vigorously and within the law, without concerning myself with whether I would be paid or not. Once the IRS sought to charge one of my clients with kidnapping an IRS agent seeking a life sentence. Then after the grand jury refused to indict the client, the IRS brought a charge of impeding an IRS agent. The jury deliberated approximately thirty minutes before acquitting my client. I accused and I believe I proved that the IRS agents lied to the grand jury and in the trial. This decision resulted in embarrassing publicity against the IRS and the U. S. Attorney's office.
My primary practice was in the area of bankruptcy reorganization for farmers who had fallen on hard times in the 1980's and early 1990's. I am now disbarred. I suspect that the IRS investigation which lasted eight years contributed to the disbarment. I was the attorney during several cases which resulted in decisions against both the IRS and the Farmers Home Administration represented by the U. S. Attorney's office. These were significant victories for my clients and resulted in several of the cases becoming authority for how federal law is followed throughout the country and reported in various law publications
The United States Attorney's office is endowed with the responsibility to seek justice. It appears that the office is concerned only with whether they can win a case. I suggest that any taxpayer who files a tax return can be subject to criminal prosecution under the procedures followed in my case and be convicted even if the deductions were legitimate. Unfortunately it appears that there are hundreds of examples where the IRS and the justice department have trampled the rights and freedom of American citizens solely to win, not to seek justice.
My husband and I are both accountants and prepare approximately 400 tax returns a year as well as provide accounting/payroll services for clients in our small business, operated from our home. In 1997 my husband represented a client at an audit for a 1994 tax return. It turned out that the client provided my husband with fraudulent receipts, which he in turn provided to the IRS during the audit. My husband severed his relationship with this client immediately upon discovery of the fraudulent receipts. My husband and the IRS auditor had an adversarial type relationship prior to this because of previous audits. The auditor told my husband that the client had implicated him in the fraudulent receipt situation. My husband responded by telling the auditor how ridiculous this accusation was, especially since the guy was now a proven fraud. Based on this allegation, the auditor visited us in our home in October, 1997, and questioned my husband for approx. 2 hours. Since that time, 36 of our clients have been audited; many of our clients have received phone calls from the investigator, during which he informed them that my husband is under a criminal investigation, many clients have actually met with the investigator and have been questioned. Clients who refused to meet with him have been subpoenaed by a grand jury and questioned; clients have reported to us that they have been threatened and intimidated by the investigator. This has caused us two years of turmoil and indescribable emotional distress. Our lives will never be the same, our dream has been crushed. We have been forced to close our business and now we both work full-time at outside jobs. We felt we had to do this to be sure that we had a steady income to provide for our children. We are distraught and feel violated and don't know where to turn.
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