499
Margaret Fuller5 360x1000
2albion
James Gould Cozzens 360x1000
4albion
Susie King Taylor2 360x1000
1gucci
1lauber
Anthony McCann2 360x1000
5confidencegames
1empireofpain
Margaret Fuller 360x1000
storyparadox3
9albion
Edmund Burke 360x1000
7albion
Betty Friedan 360x1000
Lafayette and Jefferson 360x1000
Thomas Piketty1 360x1000
AlexRosenberg
2lookingforthegoodwar
Gilgamesh 360x1000
3albion
Mary Ann Evans 360x1000
Samuel Johnson 360x1000
2falsewitness
George M Cohan and Lerarned Hand 360x1000
Tad Friend 360x1000
Office of Chief Counsel 360x1000
11albion
2theleastofus
1trap
storyparadox2
14albion
199
2defense
2jesusandjohnwayne
3paradise
Margaret Fuller1 360x1000
7confidencegames
2paradise
Ruth Bader Ginsburg 360x1000
1jesusandjohnwayne
Margaret Fuller 2 360x1000
1theleasofus
Mark V Holmes 360x1000
lifeinmiddlemarch1
LillianFaderman
3confidencegames
Stormy Daniels 360x1000
Margaret Fuller4 360x1000
6confidencegames
Adam Gopnik 360x1000
1albion
1lafayette
Maurice B Foley 360x1000
Margaret Fuller2 360x1000
1falsewitness
12albion
Margaret Fuller3 360x1000
13albion
lifeinmiddlemarch2
1confidencegames
1defense
Spottswood William Robinson 360x1000
11632
399
1paradide
299
Thomas Piketty3 360x1000
Storyparadox1
8albion'
Richard Posner 360x1000
2confidencegames
5albion
1lookingforthegoodwar
Maria Popova 360x1000
1madoff
1transcendentalist
2trap
2transadentilist
Learned Hand 360x1000
Susie King Taylor 360x1000
10abion
3defense
George F Wil...360x1000
2gucci
4confidencegames
Anthony McCann1 360x1000
2lafayette
Brendan Beehan 360x1000
6albion
Thomas Piketty2 360x1000
3theleastofus
Originally Published on forbes.com on November 19th, 2011

______________________________________

Gary R. George has had quite the career.  Last fall he was on the upswing, but he recently suffered a set back in the Wisconsin Tax Appeals Commission.  The taxes involved cover several years going back as far as 1989.  I’m beginning to think that there is some sort of relationship between how old the taxes being litigated are and how colorful the litigant is. Gary George appears to be about half as colorful as the late Harry Stonehill. (There was a recent ninth circuit decision about an assessment on Stonehill going back to 1958).  Half as colorful as Harry Stonehill, who counted Stan Lee of Marvel Comics as a friend, is quite colorful.
Gary George was a Wisconsin state senator from 1981 to 2003.  He took a shot at running for governor in 2002 getting his campaign off to a great start by having billboards go up that referred to him as George Gary.  In 2003 he became the second Wisconsin state senator to be recalled.  The issues in the recall were corruption charges, his vote against the Potawatomi Bingo Casino and accusations that he did not actually live in his district.  Then in 2004, he went to federal prison on corruption charges. In perhaps the most colorful interlude in his story, freshly out of prison in 2007, he was implicated in a plot to overthrow the government of Laos.  Nothing seems to have come of that.  Last September the Wisconsin Supreme Court restored his right to practice law.  Things were looking up.
Compared to a recall, a run for governor, doing federal time and a government overthrow plot a state tax deficiency hardly seems that interesting but I’m a tax geek and that’s what I write about.  More or less in tandem with the federal investigations, the Wisconsin Department of Revenue was investigating Senator George in the nineties.  In 1999, the supervisor of the investigator forwarded a recommendation for assessments to her supervisor.  Nothing happened. Then in 2005 the Department assessed over $90,000 in tax, interest and penalties (more interest than tax).
What changed between 1999 and 2005 ?  Nobody seems to know. In 1999, he was an influential state senator, who would soon be running for governor.  In 2005, he was a federal inmate.  That is just coincidental though unless you are on the cynical side.  Assuming it was his juice that kept the Revenue Department off him, his argument to get out of the assessment is ironic.  He was pleading the statute of limitations.  It’s not quite like the kid who murdered his parents and then asked for mercy because he was an orphan, but that is one of my favorite jokes and I’ll fit it in with the slightest opening.
The Department’s answer is that there is no statute of limitations when there is fraud.  This led to an entertaining argument about the precise wording of the statute:
if any person has filed an incorrect income tax or franchise tax return for any year with intent to defeat or evade the income tax or franchise tax assessment provided by law, or has failed to file any income tax or franchise tax return for any of such years, income of any such year may be assessed when discovered
 The Court went with the Department’s reading of the statute:
This case requires us to choose between two readings of the meaning of Wis. Stat. § 71.77(3) . The Petitioner’s reading of that section would require the Department to issue an assessment in a case involving fraud at the time “when discovered.” On the other hand, the Department’s reading essentially is that when fraud is discovered, the Department may issue an assessment at any time thereafter. For the reasons stated below, we believe the Department’s reading is correct. First, the Department has the better statutory construction argument. Second, while the Petitioner argues that the “when discovered” language in the statute is a limitation, the Petitioner cannot say exactly what that limit is, although the Petitioner argues that the alleged limit was violated here. Third, the Petitioner’s construction would lead to results that would be anomalous, if not absurd. Finally, our review of the context and history of this provision leads us to the conclusion that the legislature meant what it said.
The case is not over yet.  This was just a motion to dismiss. I go through the states in alphabetical order when federal cases are slow or I have time on my hands.  I’m on California right now, so maybe there will be a final decision the next time I visit Wisconsin.  If you want to keep up to the minute on it, though, here is a blogger who follows Wisconsin politics.