WASHPO EDITORIAL: "Larger Than Life? Tax scofflaw Marion Barry is indulged by so many"

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Sunday, March 29, 2009; A14

THE TAX travails of D.C. Council member Marion Barry (D-Ward 8) continued with the revelation by prosecutors that he owes the federal government more than $277,000 in back taxes, interest and penalties. He's also failed to make scheduled repayments to the D.C. government for what we're told is a "significant" amount owed in District back taxes. A federal judge will decide whether Mr. Barry goes to prison, but his flagrant tax violations should also be of concern to the council.

U.S. Attorney Jeffrey A. Taylor has moved to revoke the former mayor's probation for tax offenses because of his failure to file his 2007 tax returns in a timely manner. Mr. Barry pleaded guilty in 2005 to two misdemeanor tax violations for not filing federal and local tax returns from 1999 through 2004. It's unbelievable that he repaid the court's leniency of probation by committing the very same violation.

Even more incredible is the seeming lack of concern from D.C. officials with this high-level scofflaw. Why did D.C. tax officials agree to a payment plan for Mr. Barry instead of garnishing his council paycheck? How come more aggressive action wasn't taken when he didn't make even nominal payments for six recent months? And, why on earth has Mr. Barry been allowed to sit on the council's committee on revenue and finance?

Chief Financial Officer Natwar M. Gandhi said that the city worked closely with federal authorities, which took the lead, in prosecuting the case and that Mr. Barry was treated no differently from any other citizen. How many other citizens happen to sit on the very committee that is supposed to provide oversight of the office of chief financial officer? Mr. Barry told Post reporters he plans to give city officials a check for $4,250 in back taxes tomorrow. He has yet to explain the example he sets for taxpayers or to describe what he says to constituents who face loss of city jobs or services because of declining revenue. Instead, he scolds federal prosecutors for "piling on."

That defense is in keeping with Mr. Barry's reputation as a larger-than-life figure, which has allowed him to get away with, and even be admired for, unacceptable behavior. Council Chairman Vincent C. Gray needs to take an independent look into how Mr. Barry was treated; he also needs to get him off the finance committee pronto. And, if Mr. Barry's colleagues can't bring themselves to do it publicly, they need to pull Mr. Barry aside to let him know that his tax liabilities are now a liability for the city he is supposed to serve.