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James and Pamela Moran - NOT GUILTY - in Anderson Ark fraud -

 
I have posted the conviction of James and Pamela Moran (along with many others) at

http://www.centa.com/CEN-TAPEDE/archive/Week-of-Mon-20060227/002468.html

Today a reader sent the following extraordinary story.  Amazingly, their acquittal did not get covered in the mainstream press.  I looked but no USA TODAY coverage - NO WALL STREET Journal coverage, NO WASHINGTON POST coverage.

The IRS has a massive site on the conviction - not a word on the acquittal -- 

This is what My reader sent and I thank 'R' for the tip.
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 interesting story I found on the net today



In checking that story and looking further I also found

The following at:  http://www.montrosepress.com/articles/2007/12/22/news/doc476c93bd9246d741646059.txt

What is interesting as well are the comments at the end from friends strangers, relatives AND one of the original jurors..

And remember - this can happen to you.  My advice is still to stay away from any tax deduction that sounds too good to be true.

Morans acquitted on all counts



By Katharhynn Heidelberg
Daily Press Senior Writer
Published/Last Modified on Friday, December 21, 2007 9:41 PM MST

SEATTLE — A Montrose couple once bound for prison on tax charges got an early Christmas gift Friday, courtesy of a federal jury.

James and Pamela Moran — who always maintained their innocence — were acquitted on all 64 counts of conspiracy, wire fraud, mail fraud and assisting in the preparation of fraudulent tax returns.

They were accused of involvement with the discredited Anderson Ark Associates, a Seattle-based company the IRS said sold fraudulent tax shelters and operated a variety of financial schemes that bilked $121 million out of the government and individual investors between 1996 and 2001.

Numerous co-defendants were convicted and sentenced to prison, but the Morans argued they hadn’t known the company was doing anything illegal.

“We’re still lightheaded,” James Moran said by phone from Seattle Friday. “We’re so grateful that justice has been served and that the truth has prevailed after seven years. We want to thank everyone in this community that has stood by us with their prayers and support.”

Agent John Harrison, investigator and public information officer with the IRS’ Grand Junction Office, said the government was now waiting for an order to release assets previously seized from the Morans.

Arrested in 2002 after a two-year investigation, the Morans were convicted during a 2004 trial and sentenced to seven years in prison, but successfully appealed to the Ninth Circuit. The appeals court found the trial court erred in disallowing Pamela Moran’s testimony as “hearsay” even though it went to the heart of the couple’s good-faith defense.

“In income tax cases, unlike any other crime, if you have a good-faith belief in the legality of what is presented, it’s an absolute defense,” James Moran’s attorney, Peter Mair said Friday.

He said the Morans were “used by felons and con-artists” and had been told others were filing corporate and other tax returns.

“There’s no way any third party like the Morans could do that,” Mair said. “All they saw were copies of checks from clients. They were being used because they were good, Christian sincere people.”

Mair said the Morans went through seven years of hell, having their assets seized and difficulty finding work because of negative publicity. Additionally, they thought they had money through their investments with AAA, “but these crooks lost it all,” Mair said.

“(The IRS) charged them with conspiracy with these people when they (AAA) were stealing their own money. They put their parents’ life savings into it,” he added.

Mair said he believed in the Morans so much that he represented James at court-appointed counsel rates, as did Pamela’s attorney, John Zulauf, and other tax attorneys.

The Morans’ acquittal was a legal first, Mair said.

“I hope their hometown now has a different view of them. They are the only AAA people who have been prosecuted in the entire United States that have been acquitted.”

Emotions ran high in court Friday, he said. According to Mair, jurors approached the Morans after the verdicts were read and apologized for what they went through.

“When the first not-guilty verdict was read, Pam just collapsed in tears. When the second one was read, Jim collapses,” Mair recounted.

“The emotional strain of seven years of carrying this, knowing you’ve been sentenced to seven years in prison the first time — it’s just unimaginable. It all got washed away. I started crying.”


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Comments

    LANCE wrote on Feb 25, 2008 8:56 PM:

    " I ALWAYS GET MY NEWS FROM ALTERNATIVE SOURCES, I FIND NEWSPAPERS SIMILAR TO MAINSTREAM MEDIA IN THE FACT THAT MOST ARTICLES ARE DUMBED DOWN TO THE LOW 'ACCEPTABLE' STANDARDS OF MANY EDITORS ACROSS THIS COUNTRY. I MOVED TO MONTROSE 2 YEARS AGO AND FOUND THE MONTROSE PRESS TO BE ANOTHER LINER FOR BIRD CAGES, I THINK Ms.Heidelberg HAS PROVED ME WRONG WITH THE PUBLICATION OF THIS ARTICLE, AND I AM HAPPY WITH THAT FACT. I THINK EFFECTIVE JOURNALISM STARTS WITH PERSONS WILLING QUESTION THE STATUS QUO AND PUBLISH INFORMATION USEFUL TO ITS READERS. CUTTING EDGE JOURNALISM CREATES AN INFORMED PUBLIC. "

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    Dallas & June Harding, Uncle and Aunt of Pam's wrote on Dec 31, 2007 10:35 AM:

    " You did the possible. God did the Impossible - winning a case involving the mighty IRS. God is good!! "

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    1776 . . . again! wrote on Dec 30, 2007 7:46 AM:

    " Sue the US Gov't & its attorneys, individually, for malicious prosecution! "

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    Steve Anderson (Pam's cousin) wrote on Dec 29, 2007 10:56 AM:

    " Congratulations from your long lost cousin in Montana. Mom has kept me posted on this terrible ordeal. I'm so glad you and Jim kept up the fight for justice and to clear your name. It is very encouraging that normal (little) people can win against a giant, such as the IRS. Justice has prevailed! Good Job! "

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    Friends wrote on Dec 26, 2007 5:50 PM:

    " This has been a long and hard situation for all concerned. Good luck, and Merry Christmas. "
    ----------------

    Jim Hobbs wrote on Dec 26, 2007 4:33 PM:

    " Why doesn't this article mention that the Real Attorney"s handling this case were Texas Attorney Micheal Louis Minns and his Daughter, Rain. Minns won the appeal too. Give credit were credit is due. 64 count victory is a major win against the lying IRS. "

    ----------------------

    Michael Moran wrote on Dec 24, 2007 4:59 PM:

    " "NOT GUILTY" Thank you Montrose Daily Press for your continued coverage of this story. Thank you Katharhynn Heidelberg for reporting the facts as they were given. I am so grateful for all the support and prayers that surrounded Jim and Pam from the community and their church family, New Life Family Worship Center. Thank you so much. May God Bless, Merry Christmas "

    ------------------------

    RAPTUREASAP wrote on Dec 23, 2007 10:15 PM:

    " I know your son John and he's a good man. Therefore I know you James because he's your fruit or offspring. God bless, Frank "

    -------------------

    anonymous please wrote on Dec 23, 2007 11:37 AM:

    " My first contact with this case was as one of the jurors. After the verdict was delivered, I couldn't wait to read more. I've read the appeal decision since then as well as other articles on the web. Obviously, there was much surrounding information that was never presented to us. However, After reading this other information, I still firmly believe that we reached the correct verdict. Good luck to you both Jim and Pam. I hope any remaining problems you have with the IRS are settled fairly. "

    --------------------------------------

    Barry White wrote on Dec 22, 2007 7:58 PM:

    " EXONERATED!! Suffering false accusation and the reckless besmirching of ones character is a painful experience. The Morans have been true Christians by not retaliating even when falsely accused. They did not point their finger at others while enduring the shame of presumptuous public opinion coupled with a bellicose and precipitous federal government. Let the Montrose citizens demonstrate grace in welcoming the Morans as esteemed members of the community. Montrose should be proud to call them their own. May God Bless and prosper them in the same measure that they have suffered. Congratulations Jim and Pam! "

    ------------------

    WAJones wrote on Dec 22, 2007 1:15 PM:

    " Thank God the system works. Too bad it took so many years. The Moran's were taken by scam artists, as so many people have been. Merry Christmas! Sincerely, Pastor Jones "

    ---------------------------------------

    TLee wrote on Dec 22, 2007 9:21 AM:

    " Congratulations to the Moran's! I've always believed in you and your innocence...God has smiled on you... Merry Christmas and Happy New Year "

    ----------

    Jonathan Moran wrote on Dec 22, 2007 1:00 AM:

    " Dear Montrose Daily Press, Thank you so much for publishing this story. Katharhynn Heidelberg has been so kind to my family over the last few years in her columns and we are grateful. This is a great day in our lives and we are glad that Jim and Pam can now get back to being the productive citizens of Montrose and of Colorado that they were before all of this transpired. Kind Regards, Jonathan Moran "


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SUGGESTED PRICE GUIDELINES - Aug 5, 2008
 
david ingram's US / Canada Services
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My Home office is at:
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Cell (604) 657-8451 -
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Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time -  (please do not fax or phone outside of those hours as this is a home office) expert  US Canada Canadian American  Mexican Income Tax  service help.
pert  US Canada Canadian American  Mexican Income Tax  service and help.
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Phone consultations are $450 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada. ($472.50 with GST for in person or if you are on the telephone in Canada) expert  US Canada Canadian American  Mexican Income Tax  service and help.
This is not intended to be definitive but in general I am quoting $900 to $3,000 for a dual country tax return.

$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,200 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$3,000 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $200.00 up. However, if you have a stack of 1099, or T3 or T4A or T5 or K1 reporting forms, expect to pay an average of $10.00 each with up to $50.00 for a K1 or T5013 or T5008 or T101 --- Income trusts with amounts in box 42 are an even larger problem and will be more expensive. - i.e. 20 information slips will be at least $350.00
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $900 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable.  In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years.  We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund. 

Email and Faxed information is convenient for the sender but very time consuming and hard to keep track of when they come in multiple files.  As of May 1, 2008, we will charge or be charging a surcharge for information that comes in more than two files.  It can take us a valuable hour or more  to try and put together the file when someone sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and emails for instance. 

This is a guideline not etched in stone.  If you do your own TDF-90 forms, it is to your advantage. However, if we put them in the first year, the computer carries them forward beautifully.

--
IRS Circular 230 Disclosure:  To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.--

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