Attorney: Convicted tax schemer is too fat for prison

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Photo: MGN Online

TAMPA, Fla. (AP) — The attorney for a 72-year-old Florida man who was convicted in a tax scheme is using obesity to try to keep his client out of prison.

Curtis Fallgatter wrote in a court filing on Monday that Stephen Donaldson Sr. doesn’t have an average man’s life expectancy because he’s 5-foot-9 and weighs 273 pounds (124 kilograms). For that reason, the attorney wrote, it’s not right to make him serve 6 years and four months in prison. Fallgatter wrote that the prison term could translate to 61 percent of Donaldson’s remaining time on earth.

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The Tampa Bay Times reports Donaldson was sentenced last week in Tampa for his part of peddling an offshore tax shelter that cost the IRS an estimated $10 million.