[skeeter]

Not "say," but prove. Beyond a reasonable doubt. In federal court.

I'm sure its possible for a taxpayer to win such a case against a prosecutor with all the resources of the state at his disposal.

But I'd bet it'd feel alot like losing.

[1rudeboy]

More precisely, the IRS does not bring cases in federal court that it expects to lose. The IRS does not toss criminal indictments around like candy.

Basically, if your case rises to the criminal level, you're screwed. The confusion I'm seeing on this thread simply involves people not understanding how often it happens, which is rarely.