What Does It Take To Defeat the IRS?

First, it takes a lot of time.  You will likely spend eight years litigating in federal and state courts.  Second, you might have to get the highest appellate court in your state change the definition of marriage.  Then, you will have to persuade a jury in federal court to order the IRS to give you your money back with interest.

The Kansas City Star reports

[A] 70-year-old widow [Theresa Beat] stands to collect about $3 million in tax refunds after a jury returned a verdict in her favor this week in federal court in Wichita.

The verdict followed a six-day trial in which the IRS challenged Ms. Beat’s contention that she’d been in a common-law marriage and was owed tax relief from the estate of a deceased farmer.


Wichita lawyer Ken Peterson said the case went through state and federal courts and ended up redefining the rules for common-law marriage in Kansas . . . . “We convinced them to add a new dimension to common-law marriage in Kansas, and that is you can hold yourself out to being married without verbally saying so,” Peterson said.

Now all the widow has to do is convince a court to have the IRS pay her attorney fees.

Good luck Dowager Beat.

Bonus Link to some great widow fashion.

Bonus fact:  Siouxsie learned the word dowager from a Three Stooges video game.


~ by siouxsielaw on November 10, 2010.

2 Responses to “What Does It Take To Defeat the IRS?”

  1. Sounds like a good result. I like anything that remotely expands the definition of marriage.

  2. I’d lay odds she’ll never see that money; although, in her favor, it is a jury trial against the hated tax man. The other benefit is that it’s in fed court (obviously), big-boy-and-girl court, with seriously smart and seriously professional judicial staffing.

    Not that this is an indictment against state systems, but the chance for aberrant rulings is a lot higher at the local trial level.

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