How weird beliefs can land you in jail
When I was in college, my friend and I attended a tax seminar in which we were told that paying taxes was unnecessary because the Sixteenth Amendment—empowering Congress to levy an income tax—was never legally ratified. After a long and detailed history of the IRS, we were advised not to file a tax return and given instructions on what to do and say when the feds come a-knockin’. The slick presentation seemed internally coherent and logically plausible in the room, but later, after some reflection, I figured it couldn’t possibly be true because no one would pay taxes if it were. In contrast, my friend went for it and got away tax-free for years, until the IRS caught up with him and he got his comeuppance.
I was thinking about this incident in August, when I appeared as an expert witness on the psychology of why people fall for such schemes in a Portland, Ore., court in the case of USA v. Miles J. Julison, a house flipper who neared financial ruin after the housing-market meltdown. That year he reported $583,151 in “other income” to the IRS on his tax return, claiming that the entire amount was withheld as income taxes. Submitting eight IRS 1099–OID (Original Issue Discount) forms, Julison requested a refund of $411,773. (According to the IRS, an “OID is a form of interest. It is the excess of a debt instrument’s stated redemption price at maturity over its issue price.”) The IRS sent him a check in that amount, which he spent on a home loan, personal debts, a car and a boat. Emboldened by his success, the next year he demanded a refund of more than $1.5 million. This time, however, instead of a refund check he got a trip to court and, after a guilty verdict, jail. (continue reading…)