In Uncategorized on 01/15/2014 at 19:03

That obliging jurist Judge David Gustafson is always ready to lend a helping hand. But here he goes even higher above, and farther beyond, the call, when Henry J.  (“Two Trial”) Lazniarz tries it on yet again.

Remember Henry J.? No? I’m surprised, because Henry J. is a memorable type. But to avoid keeping you in suspense, see my blogpost “I Told You Once, I Told You Twice”, 11/14/13.

Now that you’ve refreshed your recollection, as the expensive lawyers say, Henry J. is back before Judge Gustafson with a request for Trial No. 3. His attorney for Trial No. 1 was admittedly inept, and his relief pitcher was little better in Trial No. 2.

Not a whit dismayed, dauntless Henry J. is seeking Trial No. 3. Here’s the story, in Henry J. Lazniarz & Gina M. Lazniarz, Docket No. 31002-09, filed 1/15/14.

Ya can’t make this stuff up. “…petitioners moved for a new trial (i.e., for a third trial); respondent filed an opposition…; and… the Court ruled on petitioners’ motion for a new trial by stamping it ‘Denied’. Evidently unaware of the Court’s ruling, petitioners submitted on January 14, 2014, (1) ‘Petitioners’ Reply to Respondent’s Response to Petitioners’ Motion for New Trial’, (2) ‘Memorandum in Support of Petitioners’ Reply to Respondent’s Response to Petitioners’ Motion for New Trial’, and (3) a supporting ‘Affidavit of Henry J. Lazniarz’. To the affidavit are attached documents naming TCF Bank and Premier Bank that purportedly relate to interest deductions claimed. In addition, the affidavit (at para. 9) allege ‘newly acquired documents’ that show the business purpose of  ‘professional fees’; but the documents are not attached (for reasons given); and the affidavit states that petitioners ‘can scan and email it to Respondents [sic] and the Court this week when we arrive home on January 14, 2014.” Order, at p. 1.

So Judge Gustafson gives Henry J. a week to get him and IRS the scanned documents, with IRS getting a week after that to see if they can concede anything based on those documents, and in any case, all hands must stand by the first week of February in colorful downtown St. Paul, MN, to be available to show up in Judge Gustafson’s courtroom on one hour’s telephonic notice.

This is the judge who will try your case in the jail where you are (see my blogpost “We’ll Come To You”, 9/18/12), will give you a second chance on your energy credits (see my blogpost “Obliging and Energetic”, 7/5/13), and if you’re in the slammer, he’ll give you a free lesson on Tax Court practice and procedure (see my blogpost ‘We’ll Come To You – Part Deux”, 7/24/13).

My kind of judge.

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