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U.S. v. James and Pamela
Moran, Cause No. 2:02-cr-00423-JCC (W.D. Washington
2007).The government alleged that the Morans helped
Anderson Ark Associates ("AAA") sell illegal tax shelters. Jim and
Pam Moran were the heads of AAA's marketing division. At the time,
the IRS's crusade against AAA was referred to as "stopping the
largest tax scam in history." On December 21, 2007, the jury found
both Jim and Pam Moran not guilty on each and every one of 64 tax
fraud counts against them. To date, the Morans are the only AAA
defendants to be acquitted.
USA v. Anderson, et al., Cause No. 2:02-cr-00423-JCC (W.D. Washington 2005). (Not Minns Case). After a month-long trial, the founders and division heads of Anderson Ark Associates (“AAA”) were convicted. The founders were sentenced to fifteen year terms in prison… and are still there today. The Morans were sentenced to long terms in prison and their home and jeep were confiscated by the government. Their reputations were maligned in numerous newspapers, including those in their hometown. However, when Minns later representedthem in a new trial, the Morans were found “not guilty” and their reputations were restored. See U.S. v. James and Pam Moran above and Publications.
U.S. v. Powell, 955 F.2d 1206 (9th Cir. 1992). The first appellate case following the U.S. Supreme Court case of U.S. v. Cheek to clarify issues of "willfulness" and Judicial Instructions. "Willfulness" is a key part of most criminal tax defense cases. See A Brief History of Willfulness.
U.S. v. Doyle, 956 F.2d 73 (5th Cir. 1992). Irish immigrant who had joined tax protest organization was convicted of felony offense of willful tax evasion. The Court of Appeals reversed the conviction. It explained that the defendant was entitled to an instruction on lesser-included misdemeanor offense of failing to file tax returns. In 2009, Emmet Doyle's record was corrected.
U.S. v. Buford, 889 F.2d 1406 (5th Cir. 1989). Buford was convicted, in part, through dishonest IRS testimony. The Fifth Circuit in the second of two appeals was harshly critical of the court’s handling of the case and remanded an acquittal. The firm won all 30 counts. This became the leading case on use of the Individual Master File ("IMF") for taxpayers.
U.S. v. Nunan, 236 F.2d 576 (2d Cir. 1956)(not Minns case). The Commissioner of Internal Revenue Service was convicted of income tax evasion. His unsuccessful defense was that he did not understand the tax code... and the Tax Code was much simplier 50 years ago. Nunan was not disbarred by the State of New York. (For more history, read Against Goliath.)
Contact us or see The Underground Lawyer and How to Survive the IRS for more cases.
IRS
Director of Practice v. Sims and McWade, IRB 2004-33
(June 9, 2004). Both former IRS lawyers were disbarred
from practice before the IRS.
Oregon v. McWade, 18 DB Rptr 198 (Aug. 10, 2004). Expedited & Indefinite Suspension against IRS lawyer while still employed by the IRS.
Dixon v. Commissioner of the IRS, 316 F.3d 1041 (9th Cir. 2003). The Circuit Court explained that "a fraud, plainly designed to corrupt the legitimacy of the truth-seeking process was perpetrated on the trial court" by IRS attorneys McWade and Sims. Tax refund was ordered for 1,300 airline pilots. Largest Test Case reversal in United States history.
Arkansas Bar v. Sims, MACB72 (Nov. 30, 2006). Expedited & Indefinite Suspension against IRS lawyer while still employed by the IRS.
Contact us or see The Underground Lawyer and How to Survive the IRS for more cases.
Kirkland v. Martin, Cause No. 2006-56213 (113th Dist. Ct., Harris County 2009). The jury awarded $150,000 against former State Representative Michael Martin in a legal malpractice case.
Arkansas Bar v. Sims, MACB72 (Nov. 30, 2006). Expedited & Indefinite Suspension against IRS lawyer while still employed by the IRS
IRS Director of Practice v. Sims and McWade, IRB 2004-33 (June 9, 2004). Both former IRS lawyers were disbarred from practice before the IRS.
Oregon v. McWade, 18 DB Rptr 198 (Aug. 10, 2004). Expedited & Indefinite Suspension against IRS lawyer while still employed by the IRS.
Baca v. Hoover, Bax, & Shearer, 823 S.W.2d 734 (Tex. App. 1992). Conclusion to a series of cases. Bill Fincher, minority Shareholder, sued Fred Baca, majority shareholder, and ended up with the entire company founded by Baca. Baca’s firm then sued him complaining their collected fee was too low and got his bank, which they represented, to deduct the money before they won their suit against him. Fincher and Baca made up, and Minns represented Baca against the bank and his former law firm. Both the bank and the firm refunded the fees that shouldn’t have been collected anyway. (The bank did so by agreement, and the former law firm by court order.)
A.R. Johnston v. Dauter, Cause No. 87-34699 (Houston 1987). Legal Malpractice counterclaim. Johnston sued his client, Dauter, for more legal fees. The jury awarded him nothing... and awarded his former client $18.3 million. Johnston was then indicted for lying in the trial, convicted, and disbarred.
Contact us or see The Underground Lawyer and How to Survive the IRS for more cases.
Dixon v. Commissioner of the IRS, 316 F.3d 1041 (9th Cir. 2003). The Circuit Court explained that "a fraud, plainly designed to corrupt the legitimacy of the truth-seeking process was perpetrated on the trial court" by IRS attorneys McWade and Sims. Tax refund was ordered for 1,300 airline pilots. Largest Test Case reversal in United States history.
Geoscan, Inc. of Tex. v. Geotrace Techs., Inc., 226 F.3d 387 (5th Cir. 2000). Small oil and gas intellectual property company kicks giant on appeal.
U.S. v. Buford, 889 F.2d 1406 (5th Cir. 1989). Buford was convicted, in part, through dishonest IRS testimony. The Fifth Circuit in the second of two appeals was harshly critical of the court’s handling of the case and remanded an acquittal. The firm won all 30 counts. This became the leading case on use of the Individual Master File ("IMF") for taxpayers.
U.S. v. Powell, 955 F.2d 1206 (9th Cir. 1992). The first appellate case following the U.S. Supreme Court case of U.S. v. Cheek to clarify issues of "willfulness" and Judicial Instructions. "Willfulness" is a key part of most criminal tax defense cases. See A Brief History of Willfulness.
U.S. v. Doyle, 956 F.2d 73 (5th Cir. 1992). Irish immigrant who had joined tax protest organization was convicted of felony offense of willful tax evasion. The Court of Appeals reversed the conviction. It explained that the defendant was entitled to an instruction on lesser-included misdemeanor offense of failing to file tax returns. In 2009, Emmet Doyle's record was corrected.
Baca v. Hoover, Bax, & Shearer, 823 S.W.2d 734 (Tex. App. 1992). Conclusion to a series of cases. Bill Fincher, minority Shareholder, sued Fred Baca, majority shareholder, and ended up with the entire company founded by Baca. Baca’s firm then sued him complaining their collected fee was too low and got his bank, which they represented, to deduct the money before they won their suit against him. Fincher and Baca made up, and Minns represented Baca against the bank and his former law firm. Both the bank and the firm refunded the fees that shouldn’t have been collected anyway. (The bank did so by agreement, and the former law firm by court order.)
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