Michael Forbes Dehoney - Page 2

                                        - 2 -                                         
          amended, and all Rule references are to the Tax Court Rules of              
          Practice and Procedure.                                                     
                                     Background                                       
               At the time of filing the petition in the instant case,                
          petitioner was incarcerated in Bennettsville, South Carolina.               
          During the year in issue, the South Carolina Department of                  
          Corrections (SCDC) had the following restriction on inmate                  
          correspondence:                                                             
               Inmates will be prohibited from receiving any financial                
               statements that show a balance of funds and/or provide                 
               information on financial assets that may be available                  
               to the inmate (bank deposit books; checking, savings,                  
               or other fund statements, etc...), blank checks,                       
               checkbooks, or other negotiable instruments.                           
          During October 2002, the restriction was amended to provide an              
          exception for “year-end statements for the purpose of filing tax            
          returns.”  During 2002, however, the Internal Revenue Service,              
          Criminal Investigation, Columbia, South Carolina Office                     
          discovered that several inmates at the SCDC had promoted and                
          prepared false tax returns resulting in more than $1 million in             
          erroneously issued tax refunds.  During January 2003, in response           
          to that discovery, the SCDC declared blank Internal Revenue                 
          Service forms to be contraband and began reviewing incoming mail            
          for Forms W-2 and 1099.                                                     
               On March 8, 2002, petitioner filed a complaint in the                  
          Richland County, South Carolina, Court of Common Pleas seeking to           
          permanently enjoin the SCDC from interfering with his receipt of            





Page:  Previous  1  2  3  4  Next

Last modified: May 25, 2011