Friday, December 18, 2009

Colorado Supreme Court Rules Immigrants Tax Records Are Private

The Colorado Supreme Court issued an important decision that caused great anger among the Colorado Hispanic community.  An investigation was launched by Colorado authorities after a man told police that his identity had been stolen and he believed the identity theft occurred from a tax preparation agency that catered to the Hispanic community.  Police obtained a search warrant and seized the tax records of the agency.  Under federal law, tax returns are confidential.  Police seized thousands of pages of tax returns and were able to uncover about 1,300 people who were using false identities.  Dozens of people were arrested and many were actually deported.  The Colorado Supreme Court ruled that the search warrant was flawed because it was overly broad and did not state the identity of specific names or specific individuals.  The tax preparation agency catered to a heavily Hispanic population in an agricultural part of Colorado.  Illegal aliens, even though they are here illegally, are still required to pay income taxes.  If the court had ruled otherwise, it would have given law enforcement a new and powerful tool to investigate and prosecute illegal aliens.

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2 comments:

Amit said...

Under both Colorado and Federal Law you are entitled to protection from illegal searches and seizures by the Government. If the Colorado Springs police or other law enforcement did not have probable cause to perform the search evidence may be suppressed, or the charges may even be dismissed.
Colorado criminal defense lawyer

Mark Shrigley said...

I really don't see how "illegal" immigrants are going to pay income tax when everything is paid under the table.

Anyway - I just wanted to say I agree w/ the above comment. You are protected by Fed law of authorities' illegal searches.


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