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A federal court in Las Vegas has found long-time tax protester Irwin A. Schiff liable for over $2 million in tax, interest and penalties on income taxes from 1979 to 1985, according to a Justice Department announcement.
Mr. Schiff tried a novel defense against civil fraud penalties, according to the DOJ press release:
Schiff maintained that he should be excused from the imposition of civil fraud penalties because he allegedly has recently been diagnosed as suffering from a “chronic and severe delusional disorder” that resulted in his irrational and incorrect beliefs pertaining to the federal income tax system.
The "chronic" part was right, for sure. His How Anyone Can Stop Paying Income Taxes came out in 1982, and he has written at least five other books on the same theme. His tax life reached a state of high irony when his royalties from How Anyone Can Stop Paying Income Taxes were attached by the IRS.
But if he was delusional, it was only in believing that defense might work; the court declined to accept that defense. Two alternative strategies come to mind for Mr. Schiff:
- move to the Sixth Circuit, which seems more accepting of diminished-capacity tax protesters, or
- buy another book.
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Joe Kristan writes the Tax Update items, and any opinions expressed or implied are not neccesarily shared by anyone else at Roth & Company, P.C. Address questions or comments on Tax Updates to