Newberg, OR asked in Tax Law for Oregon

Q: Are there any lawyers in Oregon who postulate Pete Hendrickson's "Cracking the Code" view on Income Taxes?

Secondarily, have any lawyers successfully handled a case involving a "Cracking the Code" position?

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1 Lawyer Answer
Matthew M Montoya
Matthew M Montoya
  • Tax Law Lawyer
  • Lone Tree, CO

A: A competent lawyer, accountant, or tax preparer will not take that position. It is considered a "tax protester position" and is considered by courts to be a frivolous position to take. Making an argument like that will land you in trouble with the IRS and possibly the Department of Justice. A taxpayer that takes such a position risks both severe civil penalties (75%) and possible criminal penalties for tax evasion. A tax practitioner that takes such a position can lose their ability to prepare tax returns or even face criminal penalties for promoting a tax evasion scheme. Basically, you would be intentionally filing a false tax return.

Hendrickson himself was convicted of ten felony counts of filing false documents with the IRS for using his own "cracking the code" theory on his tax returns.

In sum, do not attempt it.

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