Robert Alan Jones, Esquire
NOTABLE PROFESSIONAL ACHIEVEMENTS
2009 United States v. Thomas Seidel, U.S.D.C. Northern District of California, No. C-07-4128. A suit was brought by the government to reduce a $1 MILLION+ 1996 civil penalty liability against Mr. Seidel to judgment. In January 2009, a United States District Court jury unanimously rejected the IRS contentions. The jurors ruled that the government had violated Mr. Siedel's rights. Not only does the verdict erase the liability, but it also leaves the government potentially liable for some $200,000 in costs and professional fees.
2008 United States v. Graham, et. al. On May 16, 2008 the United States District Court for the Southern District of Ohio in response to Mr. Jones defense motion dismissed a complicated criminal tax conspiracy case against multiple co-defendants due to violation of their rights to a speedy trial. The Chief Judge of the District Court admonished the Government for its untimely delays, and failure to provide meaningful, time-sensitive discovery. (2008 WL 2098044 (S.D.Ohio, May 16, 2008.))
2008 Hartman, Lewis, Liu v. United States (T. C. Memo. 2008-124). After one and one-half years under reconsideration, on May 1, 2008 the United States Tax Court ruled in a 130 page opinion in the above case in which Mr. Jones is the lead counsel that all settled Dixon cases after June, 1985 (at least 500) are entitled to reopen their cases, because IRS attorneys had improperly mislead these taxpayers as to the extent of IRS fraud when they were inducing taxpayer settlement. The judge further ruled that the IRS must administratively process without court proceedings these taxpayers adjustments to bring them in line with the court ordered settlement in Dixon VI. Also the government must return funds, a figure which could reach between $30,000,000 and $50,000,000. (Note this case is not final yet, and we are waiting further government action.)
2008 United States v. Thomas Seidel, U.S.D.C. Northern District of California, No. C-07-4128. In a suit brought by the government to reduce a $600,000+ 1996 civil penalty assessment against Mr. Seidel to judgment, the Court ruled as a matter of law based on Mr. Jones memo in defense that the IRS fatally failed to comply with the legal requirements of notice. Therefore, unless Mr. Seidel is found as a matter of fact to have waived notice, the civil penalty, and the assessment must fail. (Still Pending.)
1999 Dixon, et. al. v. C.I.R., T.C. Memo. 1999-101. (Dixon III) The U. S. Tax Court based on the record of the evidentiary hearing made significant findings of fraud committed by IRS attorneys affecting some 1,300 taxpayers, but found the fraud was harmless error with respect to the tax liabilities imposed by the Government. A 1996 Evidentiary hearing involving Mr. Jones and three other attorneys for taxpayers , 6,000 pages of testimony and 30,000 documents had lead to fraud findings against Government counsel and sanctions of millions of dollars against the Government for conduct of their attorneys.