Miami Dolphins

Former Dolphins linebacker Zach Thomas has filed suit against the federal government

In just over three weeks, in a South Florida meeting room, a jury of selectors will vote on whether former Miami Dolphins linebacker Zach Thomas should be in the Hall of Fame. In a few months, in the Fort Lauderdale federal court room, a jury might vote on whether Thomas should get over $19,000 back from the federal government.

Thomas and wife Maritzabel Thomas, as a married couple who filed taxes jointly, filed a lawsuit in Fort Lauderdale federal court Jan. 3 against the United States to get a reduction of tax penalties and a refund of $18,602 plus interest from an issue regarding their 2007 taxes.

The issue starts with Gary Stern, a Chicago tax lawyer who got an 18-month sentence after pleading guilty to committing tax fraud in a case that involved energy credit investments. Stern got released in March 2019.

Stern’s indictment said he “aided and assisted and procured and counseled and advised the preparation and presentation to the IRS of at least 55 joint and individual” tax filings from 2006-2008 which fraudulently claimed tax credits of $4,898,076.

Miami Dolphins linebacker Zach Thomas leaps over sliding Tennessee Titans’ quarterback Steve McNair during a 2001 game.
Miami Dolphins linebacker Zach Thomas leaps over sliding Tennessee Titans’ quarterback Steve McNair during a 2001 game. JOHN RUSSELL AP

The group of NFL players Stern involved could’ve formed the core of a Super Bowl winner in the early-to-mid 2000s. Court records from Stern’s case say in addition to Thomas, Stern’s actions financially scarred Hall of Fame linebacker Ray Lewis (University of Miami); Hall of Fame wide receiver Terrell Owens, Pro Bowl wide receivers Laveranues Coles (Florida State) and Santana Moss (UM) as well as Super Bowl MVP Santonio Holmes; Pro Bowl running backs Clinton Portis (UM) and Fred Taylor (University of Florida); ; Pro Bowl defensive end Jevon Kearse (Florida) and outside linebacker Adalius Thomas; and longtime NFL defensive backs Samari Rolle (FSU) and Duane Starks (UM).

Each invested in an energy tax credit deal that would help reduce the income taxes on their NFL salaries.

“Many other investors have received a penalty abatement,” states Zach Thomas’ suit, filed by Kevin Langley of Atlanta firm Taylor English & Duma.. “They did not pay the penalty and received abatement through the IRS administrative process. Plaintiffs paid the penalty and must now seek a refund. By and through this Complaint, Plaintiffs simply seek consistent treatment...”

After being drafted in the fifth round in 1996, Thomas parlayed instinct and a comprehensive knowledge of opposing coaches and players into seven All-Pro selections in 12 seasons with the Dolphins and one with Dallas.

David J. Neal
Miami Herald
Since 1989, David J. Neal’s domain at the Miami Herald has expanded to include writing about Panthers (NHL and FIU), Dolphins, old school animation, food safety, fraud, naughty lawyers, bad doctors and all manner of breaking news. He drinks coladas whole. He does not work Indianapolis 500 Race Day.
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