Doreen's Appeal

[Gregg]

In which case, they could realize lots of book royalty income.

In which case, they would have yet another opportunity to file more false Federal income tax returns, claiming that the royalty income was not taxable.

In which case, they could be indicted, tried, convicted, and sent back to Federal prison.

Ah, but if they made the mistake of copyrighting the book, their royalties would have been derived from the exercise of a federal privilege -- copyright -- and therefore taxable even under their own idiotic theory.

Hoist by their own petard!

As if.... there is nothing that they cannot come up with some reason why its not exercising a federal privilege. How many commercial pilots (who are holding those very much a privilege Commercial Pilot Certificate) have shared their fleeting victories if not their eventual defeat on Pete's loser list? If you're drawing a check drawn on the US Treasury for work you did for the United States government, no problem, just ask and Pete will find the exception that applies to you.

[notorial dissent]

Thanks Famspear, I had thought it would be about 10 when I asked, just couldn't think of all the names. I wonder if the two idiots who used to post here, Westy and the other one of multiple names will be next? I thought at least one of them was starting to get hammered, although that may have only been local.

[Gregg]

I'm pretty sure Weston White was pretty well demonstrating how CtC didn't work in his Federal District any better than it did in the 6th Circuit....

[Dr. Caligari]

So far, about nine people (including Doreen) have served time in Federal prison for following Pete.

Plus Pete himself makes 10 prison sentences for following CTC. That should be on the book cover.

[Famspear]

The Federal Bureau of Prisons shows that Doreen Hendrickson, inmate # 48564-039, was officially released on Friday, September 2, 2016 (two days earlier than projected).

[notorial dissent]

The question now before the house, is will this be another Faerie Hill moment where the subject went in and then came out years(or in this case months) later totally unchanged?
Magic 8 Ball says: Probability HIGH.

[AndyK]

Question for the learned legal scholars:

Did the prison term clear her of having to follow the court's orders or is she potentially facing another criminal contempt action if she keeps listening to her husband?

[Famspear]

Question for the learned legal scholars:

Did the prison term clear her of having to follow the court's orders or is she potentially facing another criminal contempt action if she keeps listening to her husband?

That's a great question. I've never researched that, but my guess would be that the prohibition on double jeopardy would require that the Court would have to issue a NEW order to her, and she would then have to be convicted of criminal contempt with respect to that new order.

[wserra]

That is a good question, about which one could write (and perhaps has written) a law review note. After a well known Cold War era case [Yates v. United States, 355 U.S. 66 (1957)], the law has not been consistent, and the Supreme Court has not readdressed the issue.

Ten minutes of research into the Sixth Circuit's take on Yates looks good for Doreen, as that Court has written on very similar facts and concluded in a manner that helps her. United States v. Farah, 766 F.3d 599 (6th Cir. 2014). Farah had refused to testify at a trial after receiving immunity, was convicted and sentenced for criminal contempt, and then charged again when he refused to testify a second time. A divided panel held that the second prosecution violated the Double Jeopardy Clause.

Under Farah, I don't think Famspear's suggestion of a new order would matter. Would a new order concerning a different tax year or years matter? Who knows? I can see arguments each way. But that would take a whole new proceeding in any event.

Doc C? You around?

[Judge Roy Bean]

IMHO I believe it all depends on the prosecutor's next step. Being incarcerated for criminal contempt is viewed as punishment. She has been punished for that particular contemptuous act (or refusal to act) and double jeopardy would preclude being charged again for that particular act. But if she is charged again with another (i.e., later) violation and again ignores an order, another finding of contempt may result in yet another punishment.

[AndyK]

Let's see:

For the whatever tax year at issue, Doreen has still not filed a return. True, she has sent in many different documents, but none of them qualify as a legitimate return.

Can the IRS (through DoJ) take contempt action again? Probably not.

Various penalties (failure to file, failure to pay, underwithheld, fraud, frivolous return, etc) could be assessed, but that would probably be close to attempting to squeeze nectar from a turnip.

A much better alternative would be to turn Doreen's (and Pete's) cases over to IRS CI and refer them to DoJ for criminal prosecution.

That way, Pete could visit some of his acolytes.

[notorial dissent]

I thought that she got sent to prison for contempt FOR NOT properly filing the returns per court order. As far as we are aware, I think, she still hasn't filed properly, so she still hasn't complied with the court order. So she should still be liable for another contempt citation. This has drug on for far too long to easily keep track of where and how, this all came about.

[Famspear]

......A much better alternative would be to turn Doreen's (and Pete's) cases over to IRS CI and refer them to DoJ for criminal prosecution.

That way, Pete could visit some of his acolytes.

Actually, with the release of Doreen Hendrickson and Greg Boyd, I believe that there may be only one follower of Hendrickson still in prison.

That would be Christopher R. Salmonson. He is serving a 20 year prison sentence, but not for his federal tax activities. He was convicted in Florida state court for defrauding a church of nearly $1.7 million. The last time I checked, he was inmate # B06450, at the Desoto Work Camp at Tallahassee, Florida (part of the Florida prison system), and was scheduled for release on May 20, 2026.

EDIT: Corrected to clarify that Salmonson is in a Florida state prison, not a Federal prison.

[Famspear]

......A much better alternative would be to turn Doreen's (and Pete's) cases over to IRS CI and refer them to DoJ for criminal prosecution.

That way, Pete could visit some of his acolytes.

Actually, with the release of Doreen Hendrickson and Greg Boyd, I believe that there may be only one follower of Hendrickson still in prison.

That would be Christopher R. Salmonson. He is serving a 20 year prison sentence, but not for his federal tax activities. He was convicted in Florida state court for defrauding a church of nearly $1.7 million. The last time I checked, he was inmate # B06450, at the Desoto Work Camp at Tallahassee, Florida (part of the Florida prison system), and was scheduled for release on May 20, 2026.

EDIT: Corrected to clarify that Salmonson is in a Florida state prison, not a Federal prison.

I checked, and he's in the same facility. Things may be lookin' up for him, though. His projected release date has been moved up a bit, to March 31, 2026.

[Famspear]

Regarding Doreen's criminal conviction, the United States Supreme Court has denied her petition for writ of certiorari. See Doreen Hendrickson v. United States, case no. 16-259, 580 U.S. ____ (Oct. 17, 2016).

[notorial dissent]

Regarding Doreen's criminal conviction, the United States Supreme Court has denied her petition for writ of certiorari. See Doreen Hendrickson v. United States, case no. 16-259, 580 U.S. ____ (Oct. 17, 2016).

Well color me shocked and surprised as well. Oh the grave injustice of it all

Wonder what their next great legal maneuver will be?

[Famspear]

Regarding Doreen's criminal conviction, the United States Supreme Court has denied her petition for writ of certiorari. See Doreen Hendrickson v. United States, case no. 16-259, 580 U.S. ____ (Oct. 17, 2016).

Well color me shocked and surprised as well. Oh the grave injustice of it all

Wonder what their next great legal maneuver will be?

Yeah, and there is nothing new on the docket in Pete and Doreen's Tax Court case since March 3, 2016, when a general continuance was granted by the Court. The continuance had been requested by the government.

[Gregg]

Regarding Doreen's criminal conviction, the United States Supreme Court has denied her petition for writ of certiorari. See Doreen Hendrickson v. United States, case no. 16-259, 580 U.S. ____ (Oct. 17, 2016).

Well color me shocked and surprised as well. Oh the grave injustice of it all

Wonder what their next great legal maneuver will be?

Wait until a new Justice is appointed to the Supreme Court and try again?

[The Observer]

Regarding Doreen's criminal conviction, the United States Supreme Court has denied her petition for writ of certiorari. See Doreen Hendrickson v. United States, case no. 16-259, 580 U.S. ____ (Oct. 17, 2016).

Well color me shocked and surprised as well. Oh the grave injustice of it all

Wonder what their next great legal maneuver will be?

Wait until a new Justice is appointed to the Supreme Court and try again?

Get the next trial held in Malheur, Oregon?