Survivor- Richard Hatch

[veritas]

won't give up.

http://www.breitbart.com/article.php?id=D912RDSG0&show_article=1

[thomtax]

won't give up.

Typical attitude for people of his type. It's the tax accountant's fault; it's CBS fault; the system did not work right - It's somebody's fault because I'm right.

Is there any way that they can add 4 more years to his sentence?

LT

[erchess]

This bothers me

He has said all along that he thought the taxes were paid by CBS and now I know more about his side of that story. If he has a lawyer who is willing to argue before the Supreme Court that the trial court erred in stopping him from telling this story to the jury and further erred by limiting cross examination of the Accountant who did his taxes, then I don't feel that I know enough to know whether the man should go to jail or not.

[BOB W]

I don't know of any accountant that would take a taxpayers word that all taxes "are paid" and not report the gross winnings on a tax return.

Did the accountant file a return without the winnings? Was it filed showing a balance due? Did he plug in an unverified 1099 withholding?

And I agree with erchess, the attorney must have something to go on>>>> or he is willing to make a fool of himself for the sake of billing his client? (Maybe that is a silly question)

[Bees Knees]

The issue is whether it is criminal or not. Nobody is arguing whether he owed the tax. The issue is whether he had criminal intent to evade taxes. If he honestly believed CBS paid his taxes, it may not be criminal. Civil, yes. Stupid, yes. Criminal, maybe not?

[Bees Knees]

Just a side note. If this same case were a non celebrity and for less money, there may never have been criminal charges filed. The IRS would have simply assessed the tax plus penalties, and place a lien on the taxpayer’s property if the balance due was not paid. Usually criminal cases are filed when it is for big bucks and for somebody who will make the news. The IRS uses this tactic to keep the masses in line. Put the fear of IRS in everyone. Fool the public into thinking the IRS has the time and resources to keep everyone in line, which we all know they do not.

[DaveO]

You are so right Bees

I have had people with unfiled returns calling out of the blue because they are worried the IRS may come and arrest them. The prospect of sharing a 9x12 with either Hatch or Snipes is certainly a deterrent!

Upon this a question arises: whether it be better to be loved than feared or feared than loved? It may be answered that one should wish to be both, but, because it is difficult to unite them in one person, is much safer to be feared than loved, when, of the two, either must be dispensed with.

The Prince
by Nicolo Machiavelli

[WhiteOleander]

Oh please. Cry me a river.

This guy deliberately tried to scam his way out of taxes. Even if you buy his story about the earnings from survivor, how do you account for the other income he didn't pay tax on? It is reported that he also earned about 350,000 from his work at a radio station that he refused to pay taxes on. Did he catch someone cheating there also?

Sure he's going to appeal. He's got nothing else to do. The worst case is they refuse the appeal. So what's he got to lose.

I'm tired of seeing people not pay their taxes and then lament about how unfair the system is.

[Nashville]

Persona

It goes with his persona. Fighting bleak circumstances against the odds.

Building his image as a folk hero. My grass roots estimate (unofficial) is that 75% of the people who hear about this are pulling for him and hopes he can win against the "evil" government. Oleander you hit the nail on the head, but the mass of TV sheep will look upon him as a hero.

Sorta like a couple politicians who promise to "do away with the IRS." Finally, someone who will do something about these horrible tax collectors!!! None of these sapheads ever tell with what they plan to replace the IRS. Could it possibly be any better?

Some of these folks had best think more about where stuff comes from and where it goes.

[joanmcq]

Per more complete accounts I've read of the case, the accountant was a witness FOR the government. He prepared the return with the winnings and then Hatch requested one prepared without them. The accountant testified he prepared a draft copy not to be used for filing. Hatch took both and then filed the one without the winnings.

[DTS]

Hatch

This guy is trying to blow smoke up you-know-where!

When this trial was going on, I read some of the testimony of the accountant, which was done in open court. I do not remember all the fine points of her conversation with him, but she explained how he had approached her a few times and wanted to know this or that, different "scenarios". She did prepare "Do Not File" copies of these returns for him, did not sign anything and if memory serves, was quite upfront with him in no uncertain terms about all this and told him these returns were NOT to be filed. Maybe later on, we'll get to hear the original testimony from her and how the defense attorney feels her testimony was "limited" in cross examination.

Edit: Looks like Joan saw the same thing I read. I thought I remembered he filed one of the "drafts" he received, but could not be sure about that.

Dennis

[thomtax]

If I remember correctly, the preparer took a lot of criticism because the copies without the winnings were not marked for reference only (or something similar). I think she did have him sign a paper that he knew that the "without winnings" copy was for his reference only and that this was all that saved her from being in a lot of trouble also.

As for CBS paying the taxes, I don't know what their conversations were. However, if he received a 1099 for the winnings I would think that he still has to report it, not ignore it. And to convolute things a little further, if they were to provide him with the tax due, would this not make his winnings even higher, again raising the amount of his winnings and around and around we go - sort of like chasing your own tail. (Just a thought) :-)

To answer the comment about a lawyer not taking it to the Supreme Court unless he had something, keep in mind that there are lawyers that will try anything. They are sort of like actors, any publicity is good for business. There will be people willing to hire you simply because you are willing to try the bizarre, no matter how little chance of winning. And, if by some accident he should win, then billable hours jump out of this world.

LT

[Bees Knees]

Why would anyone of us prepare a do not file return without income we know he made?

Sounds a little fishy to me. Not trying to defend Hatch, but the accountant should not have done that.

[thomtax]

Why would anyone of us prepare a do not file return without income we know he made?

but the accountant should not have done that.

When I was reading about the various comments on the case, this was the comment that kept coming up. But, Bees, we all know that, for a fee, there are some that will do anything. Look at how many tax preparers the IRS keeps sending to prison. I think the latest I read about was a CPA that fraudently got $90,000.

[Jesse]

Why would anyone of us prepare a do not file return without income we know he made?

Sounds a little fishy to me. Not trying to defend Hatch, but the accountant should not have done that.

This serves as a valuable lesson for me. I did this with a client for gambling winnings to show a client how much he really won.

My client who is on a fixed retirement and social security income assumed he had losses to equal his winnings so his tax liability would be equivalent to 2006's. His winnings made quite a bit of his social security income taxable and he was not able to deduct all of his losses as he normally took the standard deduction so only the losses that exceded the standard deduction were of a benefit.

I thought if I did two seperate tax returns one with the winnings and one without would be the best way to point out the differences. The only thing I did was put a big X across the return, and the name was changed on page one to "last name.estimated" I efiled his return so I do know that he filed the correct return. If I was to do something like that again I will be sure to keep the "dummy copy" in my files.