Tuesday, June 18, 2013

You are here: Home > IRS > Allegation of IRS Abuse

Allegation of IRS Abuse

by taxnick on August 18, 2008

The IRS, and in particular the Criminal Investigation Division (CID), has on more than one occasion been accused of abusive behavior. Statements given in hearings before the Senate Finance Committee criticize the IRS:Does the IRS correct abuses when they become aware of them? Oftentimes, they do. However, the more important question is, does the IRS cover up occurrences of abuse? The answer is, yes! If the true number of incidences of taxpayer abuse were ever known, the public would be appalled. If the public also ever knew the number of abuses “covered up” by the IRS, there could be a tax revolt.

Congress passed the Taxpayer Bill of Rights III on July 22, 1998, which shifted the burden of proof from the taxpayer to the IRS in certain limited situations. The IRS retains the legal authority to enforce liens and seize assets without obtaining judgment in court.

Allegations of insidious conduct by the IRS are found in the movie America: From Freedom to Fascism (Watch Movie), directed by Libertarian filmmaker Aaron Russo. The movie alleges that the IRS is part of a plot to make the United States a police state.

Attorney Michael Minns has asserted that the IRS often destroys the lives of those it targets with no regard for their personal lives or reputations, or that of their families. Minns was the defense lawyer in a case against the IRS on behalf of James and Pamela Moran after an initial indictment and what Minns asserts was an IRS smear campaign that virtually canvassed the taxpayers’ own hometown and surrounding area. The original indictment was associated with the Morans’ involvement with a tax shelter provider, Anderson’s Ark & Associates. The Morans were eventually acquitted in the case.

Minns also had previously asserted that the behavior of two IRS attorneys, Kenneth McWade and William A. Sims, constituted legal misconduct and recommended them for disbarment. Following an investigation, the law licenses of the IRS attorneys were duly suspended for a two year period after a federal court ruling found that the two had indeed defrauded the courts in connection with 1,300 tax shelter cases. In 2003, the United States Court of Appeals for the Ninth Circuit concluded that the IRS lawyers had corruptly agreed with certain taxpayers that no tax collection actions would be taken against them – in return for testimony against other taxpayers. The court also asked why the IRS had not punished the two.

If you are being harassed by the IRS Kenneth Sheppard and Associates can help you. They Service all 50 states and have great experience with IRS tax issues. Contact the tax professionals at Sheppard Law Offices today.

Leave a Comment

Previous post:

Next post: