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334 S.C. 617

In re Hensel

Supreme Court of South Carolina

Decided June 17, 1996

Supreme Court of South Carolina · decided 1996-06-17

Cited by 2 later decisions — most recently May 2000

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-17

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PER CURIAM:

¶1In this attorney disciplinary matter, respondent conditionally admits to engaging in misconduct and agrees to be suspended from the practice of law for ninety days, retroactive to the date of his temporary suspension. We accept the conditional admission.

¶2Respondent admits that he pled guilty to one count of failure to make and file a South Carolina Income Tax return in violation of S.C.Code Ann. § 12-54-40(b)(6)(c) (Supp.1995) and was sentenced to imprisonment for one year or payment of a $500 fine.1

¶3The failure to file a tax return is a serious crime as set forth in Paragraph 2(P) of the Rule on Disciplinary Procedure, Rule 413, SCACR. By his conduct, respondent has violated Rule 8.4 of the Rules of Professional Conduct, Rule 407, SCACR, by committing a criminal act that reflects adversely upon his honesty, trustworthiness and fitness as a lawyer and has violated Paragraph 5(E), of the Rule on Disciplinary Procedure, Rule 413, SCACR, by engaging in conduct tending to bring the courts or legal profession into disrepute.

¶4In our opinion, respondent’s misconduct warrants a definite suspension from the practice of law for ninety days. Accordingly, respondent is suspended for ninety days, retroactive to *618May .8, 1996, the date of his temporary suspension. Within fifteen days of the date of this opinion, respondent shall file an affidavit with the Clerk of Court showing that he has complied with Paragraph 30 of Rule 413, SCACR.

¶5DEFINITE SUSPENSION.

¶6. The complaint against respondent alleges he failed to file returns for two additional years not covered by his guilty plea.

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