An Inclusive Litany
5/23/94
In an article for the New York Law Journal, attorney Elliott
Silverman and psychiatrist Stephen Coleman argue that one's failure to
file income tax forms may be due to a form of procrastination syndrome.
"Failure to file is a crime only if done 'willfully,' i.e., with the
specific intent to violate the law. Accordingly, evidence that a
failure to file is the result of mental illness, rather than an intent
to disobey the law—assuming, of course, that the evidence is
accepted by the jury—is a valid defense to a prosecution for a
failure to file, even if the mental illness does not rise to the level
necessary to support an insanity defense." Coleman comments that the
patients he studied "share a common personality type called obsessive
compulsive. They are often highly ambitious, competitive,
hard-working, perfectionistic, hypercritical, detail-oriented
people. They tend to procrastinate, have an inability delegate and
lack the ability to relax easily."