COEUR D'ALENE -- A 71-year-old tax protester from northern Idaho has been ordered to spend 36 months in a federal prison for collecting a tax refund based on a fraudulent tax return.

U.S. District Judge B. Lynn Winmill on Wednesday also ordered Gary Raymond Harvey of Peck to pay more than $85,000 in restitution.

Peck pleaded guilty in November to 10 counts of making false claims to collect an IRS refund. During his trial, federal prosecutors offered evidence showing Peck filed returns on behalf of The Organic Assembly of Circle JB seeking refunds for tax years 2002 through 2010.

But Peck admitted under questioning he knew he was not entitled to the refunds, which ranged from as low as $8,800 to a high of $54,000.

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