An Indiana man has sued the Internal Revenue Service for the wrongful death of his wife, who committed suicide in 2007. James Simon has alleged in his lawsuit that the U.S. Government, through the IRS, intentionally and negligently inflicted emotional distress when it negligently obtained a search warrant and invaded the privacy of the family. The United States has denied any wrongdoing.
The case stems from business relationships Mr. Simon maintained that put him in the middle of an IRS investigation. An agent with the IRS wanted to search the Simon home, and obtained a search warrant from a local Federal judge. On November 6, 2007, when Simon was out of town, and while Simon’s wife Denise was getting her 11-year-old child ready for school, armed agents showed up at the front door and executed the warrant.
A few days later, Denise Simon committed suicide. In a suicide note she left behind, Denise wrote, “I am truly innocent of any attempt to evade taxes, launder money, and commit fraud or the other things I am being accused of. … I also have no faith in the legal system or the ability of the government to seek the truth… with my dying breath I swear Jim and I are innocent.”
In its response to the lawsuit, the government states that the Simon family’s claims are barred “by their own unlawful, wrongful, or negligent conduct.”
This will be an interesting one to watch.
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