Q: If I joke that I sell seashells by the seashore during a deposition, am I committing perjury?
I am doing legal research for a YouTube video in response to someone who seems to believe that a character saying, "on my tax returns, it says I sell seashells by the seashore, but I moonlight a bit" as a way of saying he does oddjobs, is somehow equivalent to perjury.
A: Perjury is an untruthful statement under oath. Nothing in your post suggests that the person was untruthful, just flippant and probably evasive in a situation that calls for serious answers.
A: I'm not a tax lawyer, but typically perjury involves the intent to mislead and must be on a material fact in question. In this case, I would expect the IRS to possibly follow up with you and ask for clarification on your job, but I don't think anyone would reasonably believe you intended to criminally mislead the IRS about what you do for a living.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
