Gypsy Leader Wins Ruling in Tax Dispute with IRS
23. 1. 2007
Portland - A federal judge has ruled that the Internal Revenue Service may have to give back .7 million it seized from the patriarch of a Portland metro-area clan of Gypsies, saying the government has failed to prove the money belongs to him.
IRS agents seized the cash last summer from the home and safe-deposit boxes of Bobbie Ephrem, a 49-year-old used-car dealer who was under criminal investigation for suspected tax evasion, according to court records. Ephrem was not charged with any crimes.
After seizing the money, the IRS issued Ephrem a rare "tax jeopardy assessment," which claimed he had not paid taxes for nine years and owed more than million in taxes, penalties and interest.
Ephrem claimed he kept much of the money for family members. This was one of his duties as patriarch of a little-understood clan of American Gypsies, who often eschew checks and bank accounts in favor of cash and purses.
He accused federal agents of stealing "sacred" cash that belonged to relatives, including more than million in cash from an inheritance.
U.S. District Judge Michael W. Mosman, who heard two days of testimony in the case in November, ruled Friday that the IRS calculations were flawed, principally because the agency failed to take into account strong evidence that much of the money seized does not belong to Ephrem.
The judge abated the jeopardy assessment and directed Ephrem's lawyer to draft a judgment in the case.
Marc Blackman, who represents Ephrem in the IRS matter, said he believes that all of the money seized from his client should be returned. But he pointed out that the government's lawyers will have a chance to review the judgment.
"I don't think the case is really over," Blackman said.
The U.S. Department of Justice is reviewing Mosman's ruling and considering its options, said Cynthia Magnuson, a Justice spokeswoman in Washington, D.C. At this point, she said, "our options include a motion for reconsideration."
(Bryan Denson, The Oregonian)
Portland - A federal judge has ruled that the Internal Revenue Service may have to give back .7 million it seized from the patriarch of a Portland metro-area clan of Gypsies, saying the government has failed to prove the money belongs to him.
IRS agents seized the cash last summer from the home and safe-deposit boxes of Bobbie Ephrem, a 49-year-old used-car dealer who was under criminal investigation for suspected tax evasion, according to court records. Ephrem was not charged with any crimes.
After seizing the money, the IRS issued Ephrem a rare "tax jeopardy assessment," which claimed he had not paid taxes for nine years and owed more than million in taxes, penalties and interest.
Ephrem claimed he kept much of the money for family members. This was one of his duties as patriarch of a little-understood clan of American Gypsies, who often eschew checks and bank accounts in favor of cash and purses.
He accused federal agents of stealing "sacred" cash that belonged to relatives, including more than million in cash from an inheritance.
U.S. District Judge Michael W. Mosman, who heard two days of testimony in the case in November, ruled Friday that the IRS calculations were flawed, principally because the agency failed to take into account strong evidence that much of the money seized does not belong to Ephrem.
The judge abated the jeopardy assessment and directed Ephrem's lawyer to draft a judgment in the case.
Marc Blackman, who represents Ephrem in the IRS matter, said he believes that all of the money seized from his client should be returned. But he pointed out that the government's lawyers will have a chance to review the judgment.
"I don't think the case is really over," Blackman said.
The U.S. Department of Justice is reviewing Mosman's ruling and considering its options, said Cynthia Magnuson, a Justice spokeswoman in Washington, D.C. At this point, she said, "our options include a motion for reconsideration."
(Bryan Denson, The Oregonian)
posted by Allie @ 4:23 PM
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