Sizemore acknowledges not filing tax returns for 2006 through 2008 but says he made that decision strategically to minimize risk. He says that when a judge earlier found that tax returns he filed for a non-profit he ran were incorrect, he realized that any personal return he filed would also be incorrect because it would be related to the non-profit return. "I filed returns for that foundation. The AG and the unions' lawyer said they were all completely wrong. So they would say my personal returns were all wrong too," Sizemore says. "The penalties would be less for not filing than for filing a false return."