IRS to Jail Woman Who Owes $0 in Taxes, Seeks Jury Nullification
Doreen Hendrickson is spending what might be the last weekend she has with her family for a few years. On Monday, her jury is expected to return with a verdict on her contempt charge. If she’s found guilty, she will go to jail.
The IRS put her husband Pete in jail for 3 years; it is anxious to do the same to Doreen.
Doreen’s charge? Not signing a Form 1040. That’s it. Talk about a non-crime.
A 1040 is a legal document that you sign under penalty of perjury:
“Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete.”
It is signed under penalties of perjury because a Form 1040 is your sworn legal testimony regarding your income taxes. If you lie on a form 1040, you will go to jail. How ironic.
Doreen cannot sign the 1040 because she doesn’t believe it to be true, correct, and complete. The1040s are for 02, 03, and 08. Total taxes due using the government’s figures = $0. That is not a typo: $0. There is no tax due.
WHY she doesn’t believe it to be true is another matter entirely and doesn’t even bear on the case. Although during the trial, the IRS tried to connect the two facts and paint her as a tax protester.
Doreen is not charged with being a tax protester, however. She is not charged with falsifying a document. She is not charged with evading taxes, or willful failure to file.
She’s charged with contempt for not signing a form. A form which, if she is forced to sign it, will cause her to commit perjury.
