In Uncategorized on 04/23/2018 at 15:11

Many times have I stated that this is a nonpolitical Bog. So perhaps I’m stepping too near the cliché in the sand when I start the campaign for the next Chief Judge once Ch J-elect Maurice B (Watch This Space) Foley’s term has ended.

But when it comes to untangling and deciphering the convoluted, discombobulated and swangdangled papers that are launched at the Glasshouse at 400 Second Street, NW, by IRS, pro ses and automatic admittees, which unhappy task falls upon the Ch J, I nominate that Obliging Jurist, Judge David Gustafson (and I’m sure he won’t thank me for supporting him for that position).

Here’s a writing sample, Trilogy, Inc. & Subsidiaries, Docket No. 12097-16, filed 4/23/18.

Apparently IRS and the Trilogians had stiped to a bunch of facts, but one paragraph thereof was more than what IRS agreed, so IRS wants to bounce the paragraph. IRS moves for leave to file a first amended stipulation of facts.

Minor problem: “…no such amended stipulation was submitted with the motion (and evidently none exists, since the motion states that petitioners object to the motion), and the relief sought by such a motion for leave would be granted only if the motion to strike were first granted.” Order, at p. 1.

Judge Gustafson recharacterizes the motion as a motion to strike the offending paragraph.

So let the Trilogians explain why they object, being aware that in an earlier order regarding admissions, Judge Gustafson rejected a similar Trilogian objection, because the Trilogians couldn’t show how they were worse off if the paragraph were stricken now, than if it had never been made.

Any seconds for this nomination?

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