John Anthony Castro

John Anthony Castro (born October 4, 1983) is an American Republican politician and tax consultant who has unsuccessfully run for several political offices. He is known for his involvement in Dixon v Commissioner and its related cases and, in 2023, drew international media attention after filing suit to block Donald Trump from seeking office in the 2024 United States presidential election.

John Anthony Castro
Born (1983-10-04) October 4, 1983
Landstuhl, Germany
EducationTexas A&M International University (BA)
University of New Mexico (JD)
Georgetown University (LLM)
OccupationTax advisor
Political partyRepublican (2020–present)
Other political
affiliations
Democratic (before 2020)
WebsiteCampaign website

Castro has filed to run for President of the United States as a Republican in the 2024 primary.

Early life and education

According to Knewz, John Anthony Castro was born in Landstuhl, Germany, on October 4, 1983. His father, John Manuel Castro, was a member of the U.S. military stationed there at the time. Castro moved to Killeen, Texas, in 1987 and Fayetteville, North Carolina, in 1991, before his father retired from the military and his family settled in Laredo, Texas in 1994.[1]

Castro earned a bachelor's degree from Texas A&M International University in Laredo, Texas, before receiving a J.D. from the University of New Mexico and LLM from Georgetown University.[2] He was banned from participating in Georgetown University Law Center's job fair as a student and then later on as an employer over what the university claimed were "deliberate misrepresentations on his resume"; the university had considered expelling him over the matter but ultimately decided against it.[3] These alleged misrepresentations included serving as a cadet at the United States Military Academy at West Point when he had spent one year at the United States Military Academy Preparatory School, a military-style prep school for students not yet academically qualified to attend West Point, and then dropped out. Castro claimed there was no misrepresentation, as he claimed had been conditionally accepted to West Point with the first year at the prep school, but withdrew after the first year.[4][5]

Career

According to Castro, he is an attorney.[6][7][8][9] According to the Norman Transcript, Castro is not a member of the State Bar of Texas;[10] a 2023 report by PoliticsPA asserted that he is not licensed to practice law at all;[11] and the Deseret News noted that, in a lawsuit, Castro once acknowledged that he "has never been licensed to practice law in any state."[12]

In 2013, shortly after completing his LLM, Castro was hired by Gudorf Law Group of Dayton, Ohio.[2]

Castro & Co.

After leaving Gudorf Law Group, Castro established his Dallas-area tax preparation service, Castro & Co.[13] At Castro & Co., Castro did contingency fee refund work,[14] a practice in which a tax preparer retains, as payment, a portion of the tax refund he is able to secure on behalf of a client.[15]

In 2019, Castro's Enrolled Agent status was suspended by the Internal Revenue Service for six months.[16][17]

Alan Dixon v Commissioner of Internal Revenue

At Castro & Co., Castro issued "legal opinions" to United States expatriates living in Australia — some of whom were employees of investment firm Dixon Advisory — on ways they could exclude certain earnings from being reported on their U.S. tax returns.[9] The company's CEO Alan C. Dixon, an Australian citizen who had taken up residence in the United States to invest in the New Jersey real estate market,[18][19] replaced his own tax accountancy, PwC, with John Anthony Castro.[9][19]

Castro amended the tax returns PwC filed for Dixon to claim foreign tax credit on Dixon's franking credits, allowing Dixon to transform his tax liability into a $3,268,930 refund due to him from the U.S. Government.[9] Upon receiving the revised returns Castro prepared, the IRS initiated an audit of Dixon, assessed penalties against him, and seized his refund.[9][18]

Dixon's lawsuit against the U.S. Government to recover his refund was the subject of the United States Tax Court case Alan Dixon v Commissioner of Internal Revenue, described by Tax Notes Federal as "a cautionary tale of cross-border tax compliance complexities" and by The Contemporary Tax Journal as an "interesting case for taxpayers and tax professionals ... [that] covers situations that deal with how important it is to comply with the regulations and follow the filing instructions."[20][9][21] According to Justia's summary of the case:[22]

During the litigation, it became clear that Dixon had not personally signed his name on the 2017 amended returns—the tax preparer [Castro] had signed Dixon’s name—and no authorizing power-of-attorney documentation accompanied the amended returns.

Because federal law prevents a taxpayer from suing for a refund without having previously submitted a “duly filed” claim to the IRS, and the 2017 amended returns were not “duly filed” due to the lack of a proper signature, Dixon's case against the U.S. Government was dismissed leaving him, according to the Australian Financial Review, with "nought, aside from penalties and legal fees."[22][21][19]

Subsequent cases

The Dixon case was one of a number of cases in which Castro signed his name in place or on behalf of his Australia-resident clients.[23] By 2021, according to Tax Notes Federal, there had been "a long line of [court] cases caused by ... John Anthony Castro" that resulted in "a whole group of taxpayers ... keeping lawyers interested in procedural issues occupied."[14]

In another case, according to Carlton Smith writing in Tax Notes Federal, Castro signed a client's returns since it was a "burden to send refund claims to his overseas clients to have the clients sign and return the claims" and, because "Castro’s signature is messy ... it was not until the suits had commenced that the DOJ discovered that the purported taxpayer signatures on the Forms 1040X were those of Mr. Castro and not the taxpayers."[23] In yet another case, according to Joshua Rosenberg of Law360, the clients "failed to sign their amended returns directly and didn't tender power of attorney to a legal representative" resulting in the denial of refund claims by the IRS, a decision subsequently upheld by a federal court.[24] Smith noted that "in all Castro cases" courts held that "the signature requirement mandating that the taxpayer sign is statutory and not subject to waiver" resulting in dismissals of the lawsuits Castro's clients had brought against the government seeking to reclaim their forfeited refunds.[25]

Politics

Campaigns

Castro entered politics seeking the Democratic Party nomination for Webb County Court of Commissioners in 2004, receiving less than 500 votes and coming in last.[26]

Castro ran as a Republican in the 2020 United States Senate election in Texas, earning less than five percent of the vote in the Republican primary.[27]

In 2021, Castro stood for U.S. House of Representatives in a special election to succeed Ron Wright, again running as a Republican.[28] According to the Fort Worth Star-Telegram, "Castro was mostly a phantom candidate. He campaigned on Zoom, but primarily plastered the district with self-funded billboards and signs".[28] Castro failed to advance out of the primary.[28]

2024 presidential campaign

In 2022, Castro launched a run for President of the United States as a Republican in the 2024 United States presidential election.[29][30][31][32] According to Castro, he decided to run for president instead of "building a business empire" and "becoming a billionaire."[19]

In March 2023, Castro filed with the Federal Election Commission that he had loaned $20 million to his own campaign.[7][11] Media outlets reported that, at around the same time, he was being sued by American Express over $53,000 in credit card debt and had recently requested a pro bono attorney in a different lawsuit filed against him by one of his former clients.[7][11]

Soon after he registered to run, Castro began to file lawsuits to try to disqualify Donald Trump from the 2024 presidential election, promoting his legal efforts with posts to social media like "they finally realized I’m not fu**ing around. Too late, beta boys."[33] In February 2023 he filed a pro se lawsuit in the United States District Court for the District of Columbia seeking an injunction to bar Donald Trump from also running for president of the United States in 2024.[34][35] The case was dismissed.[11] He filed another pro se lawsuit in federal court in Florida also seeking to bar Trump from running, a case that was also dismissed.[36] He then petitioned the U.S. Supreme Court for a writ of certiorari, bypassing the 11th Circuit Court of Appeals, to reverse the district court's judgment.[36] The Supreme Court declined to hear the matter.[37]

Castro would file 27[38] pro se lawsuits in federal district courts across the country seeking to have Trump disqualified.[12][10] As of late 2023, cases in Maine, Oklahoma, Idaho, Pennsylvania, and Utah — in addition to those in Florida and Washington, D.C. — had been dismissed.[39]

Claims of harassment by Donald Trump

Castro has criticized Donald Trump, calling him a "false prophet".[28][40]

In 2022, according to the New Hampshire Union Leader, Castro claimed that the Central Intelligence Agency (CIA) had attempted to plant bugs in his automobile on orders of Donald Trump.[7]

In June 2023, Castro sued Donald Trump for $180 million, alleging that the former president was engaged in a conspiracy with the IRS to “monitor, surveil, and harass” him.[19] He subsequently emailed the U.S. Department of Homeland Security to demand the U.S. Secret Service protect him.[41]

Views

In 2008, during the presidency of George Bush, Castro warned that "the Bush Administration is now planning on executing the final operation of their dictatorial reign over this country".[42] In an op-ed in the Laredo Morning Times after the 2008 United States presidential election, he declared "Tuesday night’s results sent a clear and chilling message to the Republican Party: This is Your Punishment!" and went on to denounce "their party" for bringing about a "depression-like economy [and] debt to foreign nations" during the 2001 to 2008 period.[43]

Personal life

Castro is a resident of Mansfield, Texas.[44]

Electoral history

Webb County (Texas) Commissioners Court Position 3, Democratic primary (2004)[26]
Party Candidate Votes %
Democratic Jerry Garza 3,038 30.4
Democratic Felix Velasquez 2,611 26.1
Democratic Roque Vela 2,420 24.2
Democratic J. "Cuate" Mendoza 1,498 15.0
Democratic John Anthony Castro 437 4.4
Total votes 10,004 100
United States Senator from Texas, Republican primary (2020)[45]
Party Candidate Votes %
Republican John Cornyn (incumbent) 1,470,669 76.04
Republican Dwayne Stovall 231,104 11.95
Republican Mark Yancey 124,864 6.46
Republican John Anthony Castro 86,916 4.49
Republican Virgil Bierschwale 20,494 1.06
Total votes 1,934,047 100.0
Texas' 6th congressional district, special primary election (2021)[46]
Party Candidate Votes %
Republican Susan Wright 15,052 19.2
Republican Jake Ellzey 10,851 13.8
Democratic Jana Lynne Sanchez 10,497 13.4
Republican Brian Harrison 8,476 10.8
Democratic Shawn Lassiter 6,964 8.9
Republican John Anthony Castro 4,321 5.5
Democratic Tammy Allison 4,238 5.4
Democratic Lydia Bean 2,920 3.7
All others 15,055 19.0
Total votes 78,374 100

Notes

    References

    1. Johnson, Aaron (May 12, 2023). "John Anthony Castro: A Controversial Pursuit of the Presidency and the Unfolding of an American Dream". Knewz. Archived from the original on May 26, 2023. Retrieved May 30, 2023.
    2. "Law Firm Opens Offices, Adds Jobs". Sidney Daily News. August 24, 2013. Archived from the original on March 20, 2023. Retrieved March 20, 2023.
    3. Rosenberg, Joshua (August 15, 2018). "Tax Atty's $5M Bias Suit Against Georgetown Tossed In Texas". Law360. Archived from the original on March 25, 2023. Retrieved March 25, 2023.
    4. "Judge tosses Georgetown law grad's suit over school job fair ban". ABA Journal. August 17, 2018. Archived from the original on March 19, 2023. Retrieved March 19, 2023.
    5. "Plaintiff's original complaint" (PDF). Retrieved June 23, 2023.
    6. Castro, John Anthony. "The Substantial Presence Test". Castro & Co. Archived from the original on October 24, 2023. Retrieved October 24, 2023. ...and an internationally recognized tax attorney with offices in New York, Los Angeles, Chicago, Miami, Dallas, and Washington DC.
    7. Landrigan, Kevin (September 2, 2023). "Trump Critic, Longshot Hopeful Has Spotty Record". New Hampshire Union Leader. Archived from the original on October 24, 2023. Retrieved October 24, 2023. In 2022, Bryan Camp, a professor at Texas Tech University School of Law, gave Castro the "Norm Peterson Award," named after the character on the sitcom "Cheers" who in the show's early years was a sleazy tax accountant who regularly gave "really bad tax advice." The award is given to anyone who takes a position in a tax case that is "so crazy that it could only have come from Norm," Camp wrote on his website. Past winners included an adviser who told Trump to deduct the costs of maintaining his hair. "Mr. Castro gets the Norm Peterson award for his advice to a bunch of U.S. taxpayers working in Australia. They had all signed closing agreements with the IRS promising not to claim the Section 911 exclusion for foreign earned income," Camp said. "Mr. Castro convinced at least 20 of them to renege on the closing agreements. Those taxpayers are all in Tax Court now, facing additional taxes and penalties." Other interesting bits from Castro's background: • CIA surveillance: On his personal Twitter account in 2022, Castro said he was under surveillance by the Central Intelligence Agency "at the behest of Donald Trump." He included a video of what he described as attempts to bug his car. • Cash rich or not so much: He told the Federal Election Commission that he had loaned his campaign $20 million, yet American Express sued him, alleging he owed $53,000 on his credit card. Castro has vigorously denied the claim. Castro said he is a "federal tax attorney," Trump's administration was behind the surveillance because big businesses were upset over the advice he had given his clients in Australia and the case at issue was pending in the U.S. Circuit Court of Appeals.
    8. Castro, John Anthony (March 27, 2018). "Castro & Co. Files $247 Million Federal Defamation Lawsuit Against Moodys Gartner" (Press release). Washington, D.C.: Castro & Co. Business Wire. Archived from the original on March 27, 2018. Retrieved October 24, 2023. ...against John Anthony Castro, J.D., LL.M.; a well-respected, thoroughly published, and internationally recognized International Tax Attorney in Washington, DC.
    9. Cardan, Tamara (February 22, 2021). "Dixon: a cautionary case of U.S.-Australian tax issues" (PDF). Tax Notes Federal. Archived from the original (PDF) on March 7, 2022. Retrieved March 19, 2023.
    10. Ross, Keaton (September 13, 2023). "Lawsuit seeks to block Trump from the ballot in Oklahoma". Norman Transcript. Archived from the original on October 24, 2023. Retrieved October 24, 2023. John Anthony Castro, a Dallas-based tax advisor and perennial candidate who unsuccessfully ran for state House and U.S. Senate seats in Texas prior to his presidential bid, claims the former president violated Section 3 of the 14th Amendment to the U.S. Constitution during the Jan. 6 U.S. Capitol attack and is ineligible to run... Castro has filed similar lawsuits in 11 other states that Trump won or lost by a close margin in 2020, including Kansas, Arizona, North Carolina and Utah. His legal track record is mostly unproven. While several media outlets have called him an attorney, he stated in a recent federal court filing that he has never been licensed to practice law in any state. In 2018, Georgetown University barred Castro from participating in a job fair because he embellished his resume.
    11. Ulrich, Steve (August 31, 2023). "Lawsuit Seeking to Prevent Trump From Appearing On 2024 PA Ballot Filed in Commonwealth Court". PoliticsPA. Archived from the original on October 24, 2023. Retrieved October 24, 2023. The Federal Election Commission (FEC) previously dismissed a similar lawsuit Castro filed against Trump, also ruling he lacked standing in the case... The 39-year-old Castro filed his candidacy for president in January 2022 and campaign finance reports filed with the Federal Election Commission indicate that he loaned his campaign $20 million back in March. His website says that he graduated from Georgetown University Law Center and earned his Juris Doctor from the University of New Mexico Law School, although he is not licensed to practice law. Despite his loan that was reported to the FEC, Castro has been sued by American Express for an outstanding credit card bill of $53,923.74, and recently requested a pro bono lawyer in a lawsuit brought by a former tax client, hinting that he could not afford a lawyer.
    12. Benson, Samuel (September 7, 2023). "New Utah lawsuit attempts to bar Trump from 2024 election ballot". Deseret News. Archived from the original on October 24, 2023. Retrieved October 24, 2023. Castro has filed similar lawsuits in Florida, New Hampshire, Wisconsin and several other states... Castro filed as a Republican candidate in the 2024 election in December 2022. Several news organizations have called him an "attorney," though he is not listed in the Texas bar directory and he claimed in a recent lawsuit that he "is not and has never been licensed to practice law in any state." Castro has been accused of embellishing his resume. Georgetown barred him from a job fair, claiming Castro wrongfully claimed to have been a cadet at the U.S. Military Academy at West Point. Castro sued the school, but a federal judge in Texas tossed the lawsuit.
    13. Kidd, Karen (August 22, 2018). "Judge dismisses Dallas tax attorney's $5 million discrimination suit against Georgetown University over job fair ban". Southeast Texas Record. Archived from the original on April 20, 2023. Retrieved March 20, 2023.
    14. Fogg, Keith (July 26, 2021). "Unsigned and Electronically Signed Refund Claims". Tax Notes Federal. Retrieved September 20, 2023.
    15. Nevius, Alistair (July 16, 2014). "Court halts IRS regulation of contingent fees for refund claims". Journal of Accountancy.
    16. "Case Detail: Castro v Internal Revenue Service". The FOIA Project. Transactional Records Access Clearinghouse. Retrieved October 24, 2023. Judge Colleen Kollar-Kotelly has ruled that the IRS conducted an adequate search in response to John Anthony Castro's FOIA requests for records concerning why his status as an Enrolled Agent, who may represent taxpayers before the IRS, was temporarily rescinded and then restored six months later.
    17. Hammitt, Harry, ed. (March 23, 2022). "The Federal Courts" (PDF). Access Reports. 48 (6): 6–7. According to Castro, his license was inexplicably suspended in 2019 but then reinstated in January 2020.
    18. Morrill, Aaron (February 6, 2022). "Australian Developer that Backed the Mayor Goes Under Down Under". Jersey City Times. Retrieved October 24, 2023.
    19. Robin, Myriam (September 25, 2023). "Donald Trump sued by Alan Dixon's tax adviser". Australian Financial Review. Archived from the original on October 24, 2023. Retrieved October 24, 2023.
    20. Shilkova, Luba (Summer 2020). "Not Signing a Return". Contemporary Tax Journal. 9 (2): 69–71. Retrieved October 24, 2023.
    21. Juris, Yvonne (February 11, 2019). "Australian Drops $1.9M Tax Refund Suit After Venue Challenge". Law360. Archived from the original on April 15, 2023. Retrieved April 14, 2023.
    22. "Justia Opinion Summary: Dixon v. United States". justia.com. Justia. Retrieved October 24, 2023.
    23. Smith, Carlton M. (May 25, 2023). "DOJ Wins One Case and Loses Motions in Another Where POAs Signed First Refund Claims for Taxpayers, Part I". Tax Notes Federal. Retrieved September 18, 2023.
    24. Rosenberg, Joshua (June 5, 2022). "Fed. Circ. Says Couple Can't Claim Foreign Income Exclusion". Law360. Archived from the original on October 24, 2023. Retrieved October 24, 2023.
    25. Smith, Carlton (February 1, 2022). "CFC in Dixon Holds Improperly-Signed Timely Forms 1040-X Cannot Be Informal Refund Claims". Tax Notes Federal. Retrieved October 24, 2023.
    26. "Democratic Primary March 9, 2004" (PDF). Webb County, Texas. Archived (PDF) from the original on March 19, 2023. Retrieved March 19, 2023.
    27. "U.S. Sen. John Cornyn". Texas Tribune. March 19, 2023. Archived from the original on March 20, 2023. Retrieved March 19, 2023.
    28. Kennedy, Bud (May 15, 2021). "2nd District 6 Republican rejects Trump as a 'false prophet,' won't back Susan Wright". Fort Worth Star-Telegram. Archived from the original on July 15, 2021. Retrieved March 19, 2023.
    29. "Trump defends praise of Putin, makes strongest hint yet of a run for president in 2024". Washington Post. ISSN 0190-8286. Archived from the original on February 27, 2022. Retrieved April 6, 2023.
    30. Orden, Erica (September 1, 2023). "The sleeper legal fight that could define 2024: Is Trump even eligible to run?". Politico. Retrieved October 24, 2023. In recent days, a longshot Republican presidential candidate, John Anthony Castro, filed a lawsuit in New Hampshire arguing that Trump violated the 14th Amendment and seeking an injunction that would force the state's secretary of state to keep Trump's name off the ballot.
    31. Siegel, Jeremy (August 31, 2023). "Four questions about the effort to remove Trump from the 2024 New Hampshire ballot". WGBH. Retrieved October 24, 2023. "But the challenge is in part that the individual who brought the lawsuit in New Hampshire is a Republican running for office," O'Brien said, referencing long-shot Republican candidate John Anthony Castro.
    32. Wilder, Anna (September 20, 2023). "SC is sued in effort to kick Trump off presidential ballot, citing his alleged role in insurrection". The State. Retrieved October 24, 2023. South Carolina is the latest target in a longshot Republican presidential candidate's nationwide effort to boot Donald Trump from 2024 ballots, citing the former president's alleged role the Jan. 6, 2021, U.S. Capitol insurrection. Texan John Anthony Castro, who plans to run as a write-in presidential candidate, filed a lawsuit against Trump and S.C. State Election Commission Director Howard Knapp in federal court, seeking to keep Trump off the Palmetto State ballot.
    33. Prokop, Andrew (October 7, 2023). "The fraught debate over whether the 14th Amendment disqualifies Trump, explained". Vox. Retrieved October 7, 2023. Shortly after he registered to run, he filed a lawsuit citing Section 3 to try and get Trump taken off the ballot. He's since filed similar suits in more than a dozen other states, and constantly hypes up his effort on the website formerly known as Twitter ("They finally realized I'm not fu**ing around. Too late, beta boys," he wrote recently).
    34. Marcus, Josh (March 10, 2023). "The 20 major lawsuits and investigations Trump is facing now that he's left office". The Independent. Archived from the original on March 19, 2023. Retrieved March 19, 2023.
    35. Tillman, Zoe (January 6, 2023). "Trump Is Already Facing a Lawsuit to Stop His 2024 Campaign". Bloomberg. Archived from the original on March 19, 2023. Retrieved March 19, 2023.
    36. Winger, Richard (September 6, 2023). "Lawsuit on Former President Donald Trump's Eligibility to be on Ballots Reaches U.S. Supreme Court". Ballot Access News. Retrieved October 24, 2023.
    37. Kruzel, John (October 2, 2023). "US Supreme Court rebuffs long-shot candidate's bid to disqualify Trump in 2024". Reuters. Retrieved October 2, 2023.
    38. Fisher, Damien (October 22, 2023). "The $600 Man Trying To Bring Down Trump". New Hampshire Journal. Retrieved October 24, 2023.
    39. Hill, Jessica (October 4, 2023). "Lawsuit filed against Nevada secretary of state, Trump to bar him from ballot". Las Vegas Review-Journal. Retrieved October 24, 2023. Castro filed similar lawsuits in several other states, including South Carolina, Arizona and Colorado. The cases have been dismissed in Maine, Pennsylvania, Utah and Oklahoma, according to court records.
    40. Payne, Daniel (May 1, 2021). "Trump gets tested in suburban Texas". Politico. Archived from the original on March 20, 2023. Retrieved March 20, 2023.
    41. Kovensky, Josh (September 7, 2023). "A Bunch Of Fringe Figures Have Also Seized On The Disqualification Clause". Talking Points Memo. Archived from the original on October 24, 2023. Retrieved October 24, 2023. Castro further raised the stakes in his bizarre gambit on Wednesday night. He said on Twitter that he filed a petition for the Supreme Court to hear his case, and sent an email to the Department of Homeland Security demanding Secret Service protection. "I am blank copying media outlets on this email because, if I should be assassinated, I want it documented that I formally requested U.S. Secret Service protection and was ignored," Castro wrote.
    42. Castro, John Anthony (September 30, 2008). "Bush's bailout plan would be a disaster and leave America in the hands of foreign interests". Houston Chronicle. Archived from the original on March 21, 2023. Retrieved March 20, 2023.
    43. Castro, John Anthony (November 5, 2008). "Time for Laredo and the nation to join together to support new president in tackling our problems". Laredo Morning Times. Archived from the original on March 25, 2023. Retrieved March 25, 2023.
    44. Winger, Richard (January 6, 2023). "Little-Known Republican Presidential Candidate Files Lawsuit to Bar Former President Donald Trump from Running in 2024". Ballot Access News. Archived from the original on March 19, 2023. Retrieved March 19, 2023.
    45. "Texas Official Election Results". results.texas-election.com. Texas Secretary of State. Archived from the original on November 8, 2019. Retrieved July 15, 2020.
    46. "Texas 6th District U.S. House special election result". Washington Post. Archived from the original on April 30, 2023. Retrieved March 19, 2023.
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