Originally published on Forbes.com Aug 8th, 2013
F. Lee Bailey is quite a guy. You youngsters might not know about him, since his fame is pretty much pre-internet. His last hurrah was the O.J. Simpson trial. He was, however, undoubtedly the most famous trial attorney of the second half of the twentieth century. What is really amazing is his seeking to have another chapter in his career, perhaps an epilogue. He is 80 years old and has been disbarred by Massachusetts and Florida. So what has he done ? He took and passed the bar exam in Maine.
They don’t just hand you the license after grading the exam. You also get evaluated on whether you have “sufficient good character and fitness”. There is little doubt that Mr. Bailey is a character.
I don’t think that is what they mean, though. As far as fitness goes, I mean the guy is eighty. I sure hope it does not involve pull-ups.
A Possible Character Flaw
Apparently by this spring, the only outstanding character question that might prevent Mr. Bailey from being worthy of practicing law in the Pine Tree State was the matter of a $2,000,000 federal tax lien. Along with the rest of the tax blogosphere. I know all about that. In April of 2012, we got a doorstopper of a Tax Court opinion. I stayed up all night studying it and was one of the first to post on it. Unlike Anietra Hamper’s underwear, the story never broke out of the tax ghetto. One theory was that Bailey’s fame being pre-internet made for less interest.
As it turns out, Bailey did pretty well in Tax Court. The deficiency was over $4,000,000 and there was this fiercely complicated income recognition issue that he won, which apparently cut the tab to $2,000,000. The case also had two hobby loss holdings – airplane remanufacturing and a yacht, which he split, losing on the yacht. The rest of the case was a quite a mess. Mr. Bailey did practice tax law a bit early in his career, but his focus on criminal law since them may have hurt him. He seemed to not understand that when it comes to deductions, the burden is on the taxpayer to substantiate.
I questioned whether Bailey had a fool for client by representing himself in Tax Court. My conclusion was that he acquitted himself quite well as a tax litigator on his own behalf. He had a fool for a client when he tried to act as his own accountant:
Mr. Bailey was up against four government attorneys on this case and he won on the complex legal issue. To the extent the government won the case, credit goes to the meticulous workpapers of Revenue Agents James Tabor and Bobby Kay Campbell. Agent Tabor stood cross examination from the great F. Lee Bailey. The pen is mightier than the sword and sometimes workpapers are mightier than an attorney’s eloquence. Accountants take heart.
Good News For Bailey Fans
The Maine Supreme Judicial Court recently ruled that the tax lien should not prevent Mr. Bailey from practicing law in Maine:
A general survey of the state precedent on the debt payment issue suggests that the existence of a debt, by itself, may not result in finding of lack of good moral character. Rather, findings of failure of proof of good moral character tend to be based on misconduct regarding effort—or lack of effort—to pay the debt, or misconduct referencing the debt payment obligation in the bar admission process.
Bailey has been convicted of no crime, and he has paid or resolved every obligation he has been ordered to pay by a final judgment of any court. He is actively litigating and seeking to resolve or compromise his current tax debt. The record demonstrates, to the clear and convincing evidence standard, that Bailey is making a “genuine effort” to meet his responsibilities, indicating he has “the character and integrity expected and required of one who seeks to become a member of the bar.”
Bailey appealing the Tax Court decision is also good news for the tax blogosphere, since we can hope for another published decision when it is resolved.
Can You Hire F Lee Bailey ?
Say you get arrested for drunk driving in Maine. Wouldn’t you like to have F. Lee Bailey in your corner ? I’m not certain you can. I picked up the story of this decision from Joe Kristan’s blog, which sent me to Tax Trials. The actual decision is dated June 7, 2013, but indicates that it might be subject to appeal. I try to be thorough, but I’m a little behind, so I’m not going to try to sort that out. So while you are visiting Maine, you best behave yourself.
You can follow me on twitter @peterreillycpa.
Personal Note
I’m 61 years old and hold CPA licenses from both Florida and Massachusetts, the same states that licensed Mr. Bailey. If I were ever to lose those two cherished credentials, I could not imagine going to Maine and taking the CPA exam in order to reboot my career. That’s why I really admire Mr. Bailey’s character. Maybe spending time in Maine, he has absorbed some of the Joshua Chamberlain spirit.