Clayton filed tax returns for 1997 and 1998. On August 29, 2006, he was found guilty by a jury in Federal court in Austin, Texas, of two counts of willfully making false statements on some returns that he had filed, and six counts of willfully failing to file tax returns. According to "The Courier of Montgomery County", "Clayton's defense at the trial centered on the '861 argument' -- a defense used numerous times in previous years, but never successfully [ . . . . ]" According to an April 7, 2006 Justice Department news release shortly after he was indicted, Clayton failed to file income tax returns for years 1999 through 2004 while receiving over $1.5 million in gross income. The government also charged that for years 1997 and 1998 Clayton filed false amended returns, claiming refunds of over $160,000. The conviction was upheld on appeal.