Florida TP Chiropractor convicted

[Demosthenes]

Press Release
TAX PROTESTER CONVICTED OF FAILING TO FILE INCOME TAX RETURNS
July 27, 2007

FOR IMMEDIATE RELEASE

R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Michael E. Yasofsky, Special Agent in Charge, Internal Revenue Service Criminal Investigation, announced today the conviction of defendant Stephen J. Short, Jr. following a three day trial in Fort Pierce, Florida. Short was convicted of four counts of willfully failing to file his income tax returns, in violation of Title 26, United States Code, Section 7203.

According to the evidence presented during trial, defendant Short, a resident of Vero Beach and owner of Short Chiropractic Inc., failed to file federal income tax returns for tax years 2000, and 2002-2004. In 2000, he received gross income of approximately $124,000; in 2002, he received gross income of approximately $87,000; in 2003, he received gross income of approximately $107,000; and in 2004, he received gross income of approximately $106,000.

Sentencing is scheduled for October 22, 2007 before United States District Court Judge Donald L. Graham. Short faces a statutory maximum term of one year imprisonment per count.

Mr. Acosta commended the investigative efforts of the Internal Revenue Service. The case was prosecuted by Assistant United States Attorney Rinku Talwar, and DOJ Tax Trial Attorney Todd Ellinwood.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Technical comments about this website can be e-mailed to the Webmaster. PLEASE NOTE: The United States Attorney's Office does not respond to non-technical inquiries made to this website. If you wish to make a request for information, you may contact our office at 305-961-9001, or you may send a written inquiry to the United States Attorney's Office, Southern District of Florida, 99 NE 4th Street, Miami, Fl. 33132.

[Dezcad]

Has anyone read the Motions and Replies filed by the defendant's attorney, Jonathan Altman? He cites the Articles of Confederation and lack of in personam jurisdiction since the defendant is not a 14th Amendment citizen and other such nonsense.

Have I missed something previously about Jonathan Altman? What's his story? Has he been offering these type of arguments and been sanctioned before?

[Demosthenes]

He was Art Farnsworth's attorney...

http://quatloos.com/Q-Forum/viewtopic.p ... ltman#9713

And the Sollenbergers' attorney...

http://quatloos.com/Q-Forum/viewtopic.p ... tman#11579

He's new but he's making a fast entry to the TP scene.

[LPC]

[Altman's] new but he's making a fast entry to the TP scene.

He's also a Pennsylvania lawyer. What's he doing in Florida?

I would think that one purpose of the pro hac vice process would be to weed out the nutjobs.

[Weathervane]

Short was convicted of four counts of willfully failing to file his income tax returns, in violation of Title 26, United States Code, Section 7203.

Willfull failure? Not evasion? Lucky bastard.

[Dezcad]

[Altman's] new but he's making a fast entry to the TP scene.

He's also a Pennsylvania lawyer. What's he doing in Florida?

I would think that one purpose of the pro hac vice process would be to weed out the nutjobs.

If you review the docket, Altman had local counsel but after reading the garbage that Altman had filed, local counsel moved to Withdraw from the case and to be excused from attending the trial since local counsel could not support the positions of Altman.

[Weathervane]

Because access to healthcare is a right, and not a privelige, I don't feel that we physicians, DC, MD, DDS, DPM, etc., should be subject to taxation...of any kind.

After all, we're helping the sick, you know. And the children.

I think the Judge should dismiss all charges, and offer an apology as well.

[LPC]

[Altman's] new but he's making a fast entry to the TP scene.

He's also a Pennsylvania lawyer. What's he doing in Florida?

I would think that one purpose of the pro hac vice process would be to weed out the nutjobs.

If you review the docket, Altman had local counsel but after reading the garbage that Altman had filed, local counsel moved to Withdraw from the case and to be excused from attending the trial since local counsel could not support the positions of Altman.

All the more reason not to have allowed Altman into the courtroom to begin with.

Coincidentally, a newsletter of the Pennsylvania Disciplinary Board included the following story today:

On May 7, Chicago lawyer William P. Smith, arguing a bankruptcy matter before Bankruptcy Judge Laurel Myerson Isicoff in Miami, Florida, bit off a lot more than he counted on when, in open court, he responded to the judge’s predictions as to the resolution of a matter by saying, “I suggest with respect, your honor, that you're a few french fries short of a Happy Meal in terms of what's likely to take place." (If this is suggested with respect, one must wonder how Mr. Smith addresses judges he doesn’t respect).

After reviewing the transcript, Judge Isicoff issued a rule to show cause why Attorney Smith should not be suspended from practice in the court. This was a serious matter, as Mr. Smith was in Florida on a pro hac vice basis, and if suspended he would have had to reveal that in any pro hac vice application he filed anywhere in the country. A hearing was held in which both Mr. Smith and the head of his firm expressed their profound apologies. The firm also lost the client, which retained other counsel.

In the end, Judge Isicoff accepted the apologies and discharged the rule, requiring Mr. Smith to take an online course in professionalism, but only after he downed a supersized Extra Value Meal of grilled crow, with a piping hot side of humble pie. Lesson learned: when dining at the food court of law, leave the sarcasm in the car.

Suspending a lawyer who is wasting the court's time with frivolous arguments and is pro hac vice sounds like a good way of flagging him for the benefit of other judges who might receive future pro hac vice applications from the same lawyer.

[webhick]

Because access to healthcare is a right, and not a privelige, I don't feel that we physicians, DC, MD, DDS, DPM, etc., should be subject to taxation...of any kind.

After all, we're helping the sick, you know. And the children.

I think the Judge should dismiss all charges, and offer an apology as well.

Is this a joke?

[Weathervane]

Because access to healthcare is a right, and not a privelige, I don't feel that we physicians, DC, MD, DDS, DPM, etc., should be subject to taxation...of any kind.

After all, we're helping the sick, you know. And the children.

I think the Judge should dismiss all charges, and offer an apology as well.

Is this a joke?

No (yes) it is not (is) a joke.

I would also include massage therapists, accupuncturists, reflexologists and strippers.

[grixit]

Don't forget the Reverend BillyJoeJimBob and his "Lay Hands on Your Wallet Tabernacle of Healing".

[Dezcad]

He's also a Pennsylvania lawyer. What's he doing in Florida?

I would think that one purpose of the pro hac vice process would be to weed out the nutjobs.

If you review the docket, Altman had local counsel but after reading the garbage that Altman had filed, local counsel moved to Withdraw from the case and to be excused from attending the trial since local counsel could not support the positions of Altman.

All the more reason not to have allowed Altman into the courtroom to begin with.

After reading Altman's submissions, I was surprised that he hasn't been subject to some sanctions or some disciplinary action yet (in this or any other case) because they have no legal basis whatsoever.

But then again, it seems that he may be new to TP defense and it hasn't caught up to him yet.

[Weathervane]

Don't forget the Reverend BillyJoeJimBob and his "Lay Hands on Your Wallet Tabernacle of Healing".

I was refering (jokingly) to exemption for members of a healing art, not a stealing art.