Richard Hatch gets some coverage on Forbes!

Paths of the Sea
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Richard Hatch gets some coverage on Forbes!

Post by Paths of the Sea »

jg
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Re: Richard Hatch gets some coverage on Forbes!

Post by jg »

From the linked article:
Hatch spent several years in federal prison before being released in 2009. He was sent back to prison at that time for not amending his 2000 and 2001 tax returns, as ordered by the judge. Hatch said that he was told that he could not amend them because of the ongoing investigation. He’s right. Once a criminal investigation has begun, a taxpayer may not attempt to fix the problem by filing old or amended returns or by paying the tax due. After he served additional time, the requirement that he file an amended return was eventually dropped.
That makes it sound like he was improperly sent back to prison.
How accurate is that description?

A prior thread http://quatloos.com/Q-Forum/viewtopic.php?f=8&t=4734 did not shed light on the parole violation details.
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Re: Richard Hatch gets some coverage on Forbes!

Post by Famspear »

jg wrote:From the linked article:
Hatch spent several years in federal prison before being released in 2009. He was sent back to prison at that time for not amending his 2000 and 2001 tax returns, as ordered by the judge. Hatch said that he was told that he could not amend them because of the ongoing investigation. He’s right. Once a criminal investigation has begun, a taxpayer may not attempt to fix the problem by filing old or amended returns or by paying the tax due. After he served additional time, the requirement that he file an amended return was eventually dropped.
That makes it sound like he was improperly sent back to prison.
How accurate is that description?

A prior thread http://quatloos.com/Q-Forum/viewtopic.php?f=8&t=4734 did not shed light on the parole violation details.
Well, the article is misleading. A taxpayer may always "attempt" to "fix the problem" (meaning, the commission of a federal tax crime) at any time by filing returns or paying the tax. The problem is that attempting to do that technically does not work.

If the taxpayer is actually guilty of willfully failing to timely file the return, filing the return late does not make the crime disappear.

If the taxpayer is actually guilty of willfully failing to timely pay the tax, paying the tax late does not make the crime disappear.

If the taxpayer is actually guilty of willfully filing a false or fraudulent return, filing a correct amended return does not make the crime disappear.

Hatch may have been advised by his legal counsel not to file or pay after he knew the criminal investigation was under way.

But the statement that Hatch "could not" amend his returns, etc., because of the ongoing investigation is technically incorrect.

EDIT: The cited article is by Kelly Phillips Erb, and I believe she understands the law to be just as I do on this point. I suspect that that the way the point was explained in the article could be misleading.
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Re: Richard Hatch gets some coverage on Forbes!

Post by LPC »

Famspear wrote:Hatch may have been advised by his legal counsel not to file or pay after he knew the criminal investigation was under way.

But the statement that Hatch "could not" amend his returns, etc., because of the ongoing investigation is technically incorrect.
Agreed.
Famspear wrote:EDIT: The cited article is by Kelly Phillips Erb, and I believe she understands the law to be just as I do on this point. I suspect that that the way the point was explained in the article could be misleading.
Hmmm. I've corresponded with Kelly in the past, and I'm surprised she would write something so sloppy.
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Re: Richard Hatch gets some coverage on Forbes!

Post by The Observer »

LPC wrote:Hmmm. I've corresponded with Kelly in the past, and I'm surprised she would write something so sloppy.
It may not be her fault, but the fault of some editor not understanding what he/she was editing.
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Paths of the Sea
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Re: Richard Hatch gets some coverage on Forbes!

Post by Paths of the Sea »

With my limited experience with Forbes contributors, I got the impression that their editors are not that involved in such details and may not even review all columns that appear on the website.

I would put the responsibility on the author.

Sincerely,
Maury enthusiast!