Attorney-at-Law

THERE’S A FINE FOR LITTERING

In Uncategorized on 08/06/2014 at 15:23

Larry Michael Welenc needs a reminder of this fact, and Judge Nega is the Judge to give it to him. See Order at Docket No. 21295-11, filed 8/6/14.

Ya can’t keep Larry down. Unlike some technophobic lawyers I’ve blogged heretofore, Larry just loves to e-file.

Here’s a sample, with dates, as they are relevant:

“On July 11, 2014, petitioner filed a Motion for an Order Under Model Rule of Professional Conduct 4.2. The Court denied petitioner’s motion.

“On July 17, 2014, petitioner filed a Statement.

“On July 20, 2014, petitioner filed a First Supplement to Statement.

“On July 23, 2014, the Court advised petitioner that it was inappropriate to communicate in an ex parte fashion with the undersigned or with Court personnel on the merits of his case or the advisability of any motion. The Court also reminded petitioner of the option of contacting pro bono clinics for legal advice in his case.

“On July 23, 2014, petitioner filed a Declaration of Larry M. Welenc in Support of Statement.

“On July 23, 2014, petitioner filed a Request for a Pretrial Conference.

“On July 23, 2014, petitioner filed a Second Supplement to Statement.

“On July 30, 2014, petitioner filed a Pretrial Memorandum. Also, petitioner filed a [sic] Amendment to Pretrial Memorandum on July 30, 2014.

“On August 1, 2014, petitioner filed a Request for Pretrial Conference requesting a pretrial conference with the undersigned judge.

“On August 3, 2014, petitioner filed a Second Supplement to Pretrial Memorandum.

“On August 4, 2014, petitioner filed a Statement. In his statement, petitioner requested that the Court withdraw its July 22, 2014 [sic] Order, and sought clarification from the Judge’s Chambers regarding a Clerk’s office memo.

“On August 5, 2014, petitioner filed a Second Supplement to Statement. “ Order, at pp. 1-2.

You get the idea. Of course, Larry is a pro se, but I’ve seen attorneys pull the same stunts.

And Larry seems to think he has Tax Court’s clerks on retainer, calling up for free advice.

Judge Nega loses patience. Larry is diverting resources from those who need them.

“Petitioner has submitted various documents that contain nothing but frivolous and groundless arguments. Petitioner’s tactics have consumed valuable Government resources. These tactics should not be condoned. They damage the integrity of the Federal tax litigation system because the time and attention the Court and respondent must devote to these frivolous arguments deprives other taxpayers with genuine controversies. We are mindful that petitioner is representing himself and may not be familiar with all the Court’s Rules and procedures. Pro se status, however, is not a license to litter the dockets of the Federal courts with ridiculous allegations concerning the Code.” Order, at p. 2. (Citations omitted).

So look out, Larry.

“Petitioner is advised that I.R.C. section 6673(a) (1) provides that the Tax Court may impose a penalty of up to $25,000 whenever it appears to the Court that proceedings have been instituted or maintained by the taxpayer primarily for delay or that the taxpayer’s position in the proceeding is frivolous or groundless.

“Petitioner is also cautioned that if he continues to submit unsolicited filings that contain mostly immaterial, impertinent, and/or frivolous matters, his e-filing privileges may be revoked by the Court.” Order, at pp. 2-3.

So Larry, cut it out and play nice. Or you may find yourself with a kick in the wallet and a seat in Outer Darkness with Terri Morgeson, Louis Samuel and Old Bill Wise.

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