Petition of Steele

865 P.2d 285, 262 Mont. 481, 50 State Rptr. 1649, 1993 Mont. LEXIS 400
CourtMontana Supreme Court
DecidedDecember 22, 1993
Docket92-465
StatusPublished
Cited by3 cases

This text of 865 P.2d 285 (Petition of Steele) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition of Steele, 865 P.2d 285, 262 Mont. 481, 50 State Rptr. 1649, 1993 Mont. LEXIS 400 (Mo. 1993).

Opinions

JUSTICE WEBER

delivered the Opinion of the Court.

Petitioner Robert G. Steele appeals from the final decision of the State Bar of Montana Committee on Character and Fitness (Committee) refusing to certify petitioner to this Court for admission to the State Bar of Montana. We affirm the decision of the Committee.

The sole issue presented is whether the Committee properly concluded that Mr. Steele is unfit to practice law in the State of Montana.

Robert G. Steele (Steele) submitted his application for admission to the State Bar of Montana on November 15,1990, intending to take the February 1991 bar examination. On December 26, 1990, after a review of his Character and Fitness application, the Committee sent a letter to Steele advising him that it had “serious concerns” about his convictions for driving under the influence (DUI) and tax liens and requested that Steele provide the Committee with DUI records and dispositions, copies of Internal Revenue Service (IRS) deficiency notices and copies of his responses to the IRS.

The Committee also noted that Steele had applied to take the February 1991 exam but would not be graduating from the University of Montana School of Law until the spring of 1991. Steele was asked to submit a written explanation of why he had applied to take the February examination when he would not have fulfilled the graduation requirement until June. Steele responded by telephone that he had applied for a faculty waiver for a required one-credit course which he had attempted to replace with an “independent study” project. He stated that he would not know until February 4, 1991, whether the faculty would grant his request for a waiver. After the faculty denied his request for waiver, Steele requested that the State Bar allow him to take the examination without meeting the graduation requirement and he was advised that this was not possible without permission from this Court.

On February 13, 1991, the Committee met to review Steele’s application and decided not to certify Steele for the bar examination and admission due to the concerns previously noted. The Committee advised Steele that he could appear in person for an informal hearing [483]*483regarding the decision. Steele accepted. The Committee’s position did not change following the informal hearing.

The Committee was particularly concerned with Steele’s interaction with the IRS. Steele is a Certified Public Accountant licensed to practice in Montana and is thus conversant with IRS regulations and procedures. Steele did not file timely personal income tax returns for tax years 1982 through 1986. With penalties and interest added, Steele’s personal tax liability to the IRS was greater than $208,000 at the time of the informal hearing.

Steele provided an authorization for disclosure and waiver for the Committee’s use in obtaining relevant information from the IRS. He also submitted numerous documents to the Committee demonstrating his tax protest activities in the early 1980s. Most of these documents consisted of correspondence to and from members of the Montana Congressional delegation.

During the time between the request for the informal hearing and May 1, 1991, the date of the hearing, Steele made offers in compromise for his tax liability, offering slightly more than 1% in compromise of his federal and state taxes owed. At the hearing, Steele presented copies to the Committee of his written offers to these agencies and discussed his difficulties with the IRS in more detail:

I have an offer and compromise that I mailed off to the federal government for all the back taxes. I don’t know if they will accept this offer and compromise, but it’s the first time that I have been able to offer anything. I am only offering what I can afford to pay here. I am in hopes that if they don’t accept this offer, another one can be worked out. And here is the same thing with the state of Montana.
I have sat down and I have talked to these people. I have met with the Internal Revenue agents. They understand. They have no gripe with me. As a matter of fact, they offered to — They wanted me to go to work for them, and I have agreed to do work for them. They told me they will pay me for both my time and my expenses, and I have agreed to do that. I have to assume from that that they have a certain amount of trust in me as well.

Steele responded to additional questions from Committee members pertaining to his tax liability and his tax protest activities, including questions concerning his involvement with the Golden Means Society, a group which advocated not filing tax returns on the [484]*484basis of constitutional rights and which no longer exists. He testified as follows:

MS. BRANDBORG: In working with those people in the Golden Means Society, when people would come to you as an accountant and ask your advice, what type of advice were you giving, and did it essentially follow the same pattern that you followed in refusing to pay taxes?
MR. STEELE: ... We didn’t refuse to pay taxes. We refused to file a return with the information that was on there. The answer to your question is, no, I didn’t get into a professional advisory capacity, unless it was in the realm of my expertise in the tax law. And there was a lot of that, an awful lot of that.
In fact, I primarily was preparing tax returns for people who hadn’t filed for a while. I was preparing these returns through their records and getting them up to date, currently.
I, myself, wanted to find out what basis there was to a lot of the constitutional challenges; and I wrote those letters and took those stances. “Example only,” I wrote on the first return that I filed, requesting assistance; and I got quite a few answers from different senators that were encouraging our position at that time.

Steele testified that in 1987, after certain tax reform legislation was enacted, he finally filed returns for the years 1982-1986. He stated that after numerous tax court appearances, he was convinced that his tax protest methods were not going to work. He also testified that he felt his efforts had been helpful in changing the tax laws.

At the request of the Committee, Steele provided an authorization to disclose information about his income tax and “other matters” for tax years 1982 through 1990 and his permission to discuss an “Agreement to Assist IRS” with Larry Huggins, an IRS investigations officer from the Missoula IRS office. The District Counsel for the IRS in Montana responded in writing to the Committee’s request for information, stating that the IRS opposed Steele’s admission to the State Bar of Montana. The letter also stated that a memorandum had been circulated to IRS employees in Montana asking for their input regarding the request and that several memoranda were received in response from IRS employees who had dealt with Steele and copies of such were attached to the letter. The Committee also was informed that Steele had never been employed by the IRS, but that he had agreed to work with the IRS in a special capacity and that he had provided such services to the IRS.

[485]

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Related

In Re Ditton
954 A.2d 986 (District of Columbia Court of Appeals, 2008)
In re Hyland
663 A.2d 1309 (Court of Appeals of Maryland, 1995)
Petition of Steele
865 P.2d 285 (Montana Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
865 P.2d 285, 262 Mont. 481, 50 State Rptr. 1649, 1993 Mont. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-of-steele-mont-1993.