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THE BERNHOFT LAW FIRM, S.C. Menu Contact * Practices * IRS Tax Defense * White Collar Investigations * Complex Business Litigation * Investment Fraud Recovery * Syndicated Conservation Easement (“SCE”) tax scams * Cases * Jerry Marchelletta * Wesley Snipes * Joseph Banister * Ralph Nader * Vernice Kuglin * Home * Buzz * Events * News * Blog * About * Contact JOSEPH BANISTER JURY ACQUITS FORMER IRS SPECIAL AGENT OF FELONY TAX CHARGES Joseph Banister, a former IRS agent and prominent IRS whistleblower, was acquitted on all federal tax fraud and conspiracy charges. The widely-followed U.S. District Court case stemmed from tax returns that Banister, a certified public accountant, had filed for the owner of a small aviation firm in Lake Shasta, California. The business owner contended he owed no taxes and did not withhold taxes from employees, while claiming a refund for taxes paid in previous years. Banister had told his clients they didn’t need to file federal income tax returns because the 16th Amendment, which gives Congress “power to lay and collect taxes on incomes,” was never properly ratified. Years before, he had given his bosses at the IRS a 95-page memo detailing his belief before being forced to resign from the agency. Robert Bernhoft, Banister’s attorney, said his client was acquitted because the government did not prove he intended to defraud. Observers said a crucial moment of the trial occurred when defense attorneys intensely questioned Banister’s former supervisor at IRS, Robert Gorini, and he was unable to cite any U.S. law that required Banister to pay income taxes. “Brilliant legal work by the law office of Robert Bernhoft was key in Mr. Banister’s acquittal,” noted John Turner, a former IRS agent. “They recognized the complete lack of evidence to support the government’s case and wisely decided that it would add nothing to have witnesses and Banister testify.” > “Protestors Win a Case Over IRS” – New York Times OTHER MAJOR CASES Jerry Marchelletta Wesley Snipes Ralph Nader Vernice Kuglin JUSTICE IS COMING THE BERNHOFT LAW FIRM, S.C. 1402 E. Cesar Chavez Street Austin, Texas 78702 Phone: (512) 582-2100 Fax: (512) 373-3159 * Disclaimer Representing clients in IRS civil and criminal tax controversies throughout the country and abroad, and in federal courts in all 50 states and the territories. © 2024 The Bernhoft Law Firm, S.C. The owner of this website has made a committment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.