Husband of Former United States Tax Court Judge Pleads Guilty to Tax Obstruction

Posted on November 28, 2016

In April of 2016, United States Tax Court Judge Diane L. Kroupa and her husband Robert Fackler were indicted on six tax counts, including conspiracy to defraud the United States, two counts of tax evasion and filing false tax returns, and obstruction of an IRS audit.

On September 23, 2016, Kroupa’s husband, Robert Fackler, pled guilty to one count of tax obstruction.  Fackler faces a maximum prison sentence of three years.  If he complies with the terms of his plea agreement, the other charges will be dismissed.  The tax obstruction charge stems from allegations that Fackler provided false information and misleading documents to their tax return preparer during the preparation of their tax returns for 2009 and 2010 and to an IRS Revenue Agent during the audit of their federal tax return for 2012.

Fackler’s plea agreement also stipulated that he conspired with his wife.  Fackler and Kroupa were alleged to have conspired to list numerous personal expenses as business expenses on their tax returns including rent and utilities for their homes, personal computers, international vacations and spa and massage fees.

Kroupa’s trial is scheduled to begin on December 5, 2016, in Minnesota.  We find it to be particularly striking that a former Judge of the United States Tax Court is accused of tax crimes.

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