Folk music legend tells court he received forged Revenue letter
AN Irish singing star told of how he received a forged letter on Revenue-headed paper in the post to say he had filed his taxes. One half of the folk and country music act, Foster and Allen, Michael Foster, appeared before Mullingar Circuit Court sitting in Tullamore, Co Offaly, yesterday.
Mr Foster, of Walshestown/ Slanemore, Mullingar, Co Westmeath, was appealing a conviction by the district court for failure to lodge income tax returns. He had been fined €12,000 for not making tax returns for four years from 2003-2006.
The circuit court upheld the conviction but the judge used his discretionary powers to reduce the fines to €6,000.
Mr Foster told the judge that he had entrusted his tax adviser, Patrick Russell of Emerald Consulting International, with his business affairs. "As far as I was concerned I got what I was told was the best tax consultant and barrister . . . I furnished him with everything."
He also signed a document authorising Emerald Consulting International of 1 Westfield House, O'Moore Street, Tullamore, Co Offaly, to "look after" his affairs.
State solicitor Peter Jones argued that Mr Foster would have been aware of the tax regulations.
"If you had forgot, you get these warning-type ads on TV . . . they set off alarm bells."
Mr Foster said his tax consultant had "loads of excuses" which to him "sounded legitimate", including an explanation from the adviser as to why he was in Mountjoy Prison for a period last year.
He also received a letter on Revenue-headed notepaper to say that his tax affairs were in order.
"As far as I was concerned it was on Revenue paper, it had my PPS number, it said that my tax affairs were in order except for a review."
Mr Jones told Mr Foster that he was "an intelligent man". He asked him if he was not "suspicious" after receiving several warning letters from Revenue.
Mr Foster replied that his tax adviser had "loads of excuses" which "sounded legitimate".
"Would you not have been sitting on this man saying what the hell are you at, or not at?" asked Mr Jones.
Excuse
Mr Foster said he was told that the case would be "withdrawn from court" as his tax adviser would have made the returns by the time it came up. "I left everything in his hands," he added.
Defence counsel for Mr Foster asked the judge to consider a defence of "reasonable excuse" for Mr Foster failing to make returns.
- Eimear Ni Bhraonain
