House Staffer is a Tax Protester?

By: David J. Herzig

Politico reported yesterday that “Isaac Lanier Avant, chief of staff to Rep. Bennie Thompson (D-Miss.) and Democratic staff director for the Homeland Security Committee, allegedly did not file returns for the 2009 to 2013 tax years.”

According to the Department of Justice Press Release, Mr. Avant has been a staff member of the U.S. House of Representatives since 2002.  In 2005, he filed a form with “his employer that falsely claimed he was exempt from federal income taxes.  Avant did not have any federal tax withheld from his paycheck until the Internal Revenue Service (IRS) mandated that his employer begin withholding in January 2013.”

This seemingly innocent story might get more torrid.  For starters, missing from the press release by Justice is that, as Richard Rubin pointed out to me, Mr. Avant’s employer was Congress.  Do you hear the can of worms opening?  I mean, who at payroll in Congress is green-lighting the stopping of withholding?  What did his form look like? Did he make up an official and name it – W-NONE?  How many other staffer’s did this?  How did he never get audited?  According the the press release and the story, Mr. Avant did not file tax returns for 5 years; I guess a matching program would not catch anything since he had no withholding.  But, one would think Congress would at least ensure that every employee has filed a tax return.

Not sure which awesome tax protester argument he is going with.  Personally, I hope it is that he is a sovereign citizen.  It would be great if the Democratic staff director of Homeland Security thought the U.S. laws did not apply to him.  I guess we will have to wait for the actual complaint.  For those interested, the IRS has outlined numerous frivolous tax arguments.

 [UPDATE 8/24/16 at 8:41 pm: It appears that a claim of Sovereign Citizen might really be in play.  According to the Panolian, a local Batesville, Mississippi newspaper, Mr. Avant is the son of Vernice Black Avant and the late Robert Allen Avant Sr.  In 2011, according to the Panolian, Mr. Avant’s mother, who is also a court clerk, filed an “11-page ‘Affidavit of Truth'”  “declaring that she is a “freeborn Sovereign” are meant to distinguish her as an individual, distinct from a corporation.”  “The affidavit cites participation in the use of bank accounts, Social Security numbers, driver’s licenses, vehicle license plates and tax returns as ‘under duress.'”]

5 thoughts on “House Staffer is a Tax Protester?

  1. His mother, Vernice Avant, a Panola County, Mississippi, supervisor, filed documents with the Chancery Clerk of Panola County stating that she was a “sovereign citizen.”

    Like

  2. I finally found an article stating what party he was, not that I’m surprised. I figured he’s be one of rangel’s staffers. Now, of course, I would like a description. Is he going to spend some time with wesley snipes, or is he merely going to get a promotion?
    How in the WORLD does a federal employee get away with having NO tax withheld from his paycheck? Management has to be involved.

    Like

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