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Creative Tax Court judge lets CPA avoid fraud penalties
December 01, 2008
Considering that all of his cases involve taxes -- not the most naturally entertaining caseload -- Tax Court Judge Mark Holmes manages to write consistently entertaining and witty opinions (see here and here). It must have taken all of his considerable creativity to let a politically-connected Detroit CPA avoid civil fraud penalties after having been convicted of criminal fraud.
Judge Holmes didn't even hold his CPA designation against him in determining whether his understatements rose to the level of fraud. As Peter Pappas points out at The Tax Lawyer's Blog,
This finding is astonishing.If Barrow’s extensive education and business knowledge is not considered a badge of fraud, it is hard to see how this “badge” could ever be applied to anyone other than an experienced tax CPA or tax lawyer.
The Tax Lawyer's Blog has more.
Cite: Barrow, T.C. Memo. 2008-264
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