Another Dentist hit with fraud penalty - Michael A Scott

rogfulton
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Another Dentist hit with fraud penalty - Michael A Scott

Post by rogfulton »

Tax Court Memorandum T.C. Memo. 2012-65

Dr Scott was represented by Edward F McLaughlin. But before it got that far:
Memo wrote:In August 1996, respondent initiated an examination of petitioner's 1994
Form 1040. Revenue Agent Thomas Demeo sent to petitioner an appointment letter
and a Form 4564, Information Document Request, requesting that certain records be
made available for examination. Petitioner refused to comply until provided with a
copy of (1) Revenue Agent Demeo's "Oaths of Office" and (2) his bond certifying
that he is "bonded both surety and fidelity by the government."

Revenue Agent Demeo faxed to petitioner a copy of his pocket commission;6
petitioner, however, refused to comply with the Form 4564 request or to participate
in a scheduled meeting absent a copy of the oath of office and bond.
As a result, Revenue Agent Demeo served summonses on several of the
financial institutions at which petitioner held accounts. Upon learning of the
summonses, petitioner sent a letter dated December 23, 1996, to Jamie Fraser, a
Bay Bank official, threatening to hold her personally responsible if she complied
with the summons absent an official court order. Petitioner also sent a letter dated
January 15, 1997, to Denise Gage, a Fleet Bank official, threatening to sue for
damages for violating their fiduciary relationship if she "compl[ied] with the
defective Summons"
Dr Scott didn't stop shovelling there, although he did tone it back a bit once in court, hopefully due to the influence of counsel.

Reading the entire Memo should be required as a cautionary tale. Curiously (at least to me), the threat letters are not mentioned again.
"No man is above the law and no man is below it; nor do we ask any man's permission when we require him to obey it. Obedience to the law is demanded as a right; not asked as a favor."
- President Theodore Roosevelt