SAN ANTONIO (CN) – A 44-year-old man claims an IRS agent punched him out while they were discussing his tax return, and the IRS blew off his administrative claim for $10,000, so he sued Uncle Sam, and the aggressive tax collector, in Federal Court.
Daniel Torres says he had a noon appointment with defendant Robert Hidalgo at the San Antonio IRS office on Sept. 24, 2008. “This meeting took place only after Mr. Torres contacted his local congressman to request his involvement in a dispute Mr. Torres was having with the IRS,” according to the complaint.
Torres claims he asked Hidalgo “a number of times” whether Hidalgo “had looked into Mr. Torres’s business mileage for the year of 2005.” After failing to get what he considered an appropriate answer, Torres asked to see a supervisor. When the supervisor, Martha Boykin, appeared, “Mr. Torres commented upon the intelligence of Mr. Hidalgo.
“Mr. Hidalgo leaped across his desk and physically attacked Mr. Torres, landing at least one punch.
“Mr. Hidalgo was told by Ms. Boykin to calm down and to leave his office. Ms. Boykin then told Mr. Torres to calm down and threatened him with arrest the next time he was seen at the IRS office if he did not comply.”
Torres says he apologized, but Hidalgo refused to continue the meeting, so he concluded his business with Boykin.
He submitted his administrative claim for $10,000 on June 23, 2010, and hasn’t heard boo from Uncle Sam. He seeks damages for bodily injury, pain and suffering, emotional distress, mental anguish, humiliation, loss of dignity, violation of due process, assault and battery, negligence, and damages under the Federal Tort Claims Act. And costs. He is represented by Juan Angel Gomez with Texas Rio Grande Legal Aid.