Attorney-at-Law

WHERE IS IT WRITTEN?

In Uncategorized on 04/14/2015 at 18:05

This is a follow-up to my blogpost “The Principle of Dogmatic Assertion”, 1/7/15. When confronted with an argument based on the principle aforementioned, the party thus confronted has a counterstroke: “Where is it written?”

In other words, upon what authority other than your ipse dixit?

Though he may not understand what I am writing, Luis A. Quintero, Docket No. 6539-15, filed 4/14/15, may have that comeback to Ch J Michael B. (“Iron Mike”) Thornton.

Here’s Luis’s story.

“On March 9, 2015, petitioner submitted to the Court a notice of deficiency, which notice was filed as an imperfect petition to commence the instant case. By Order dated March 20, 2015, the Court directed petitioner to file an amended petition. On April 1, 2015, the Court received an amended petition, but it was written entirely in Spanish.” Order, at p. 1.

On no other basis than “premises considered”, Ch J Iron Mike orders that “…, petitioner shall file a proper Amended Petition, written in English only.” Order, at p. 1.

And tells the Clerk to send Luis a blank form, with the caption filled in.

OK, Ch J Iron Mike, what Tax Court Rule, or what Rule in the FRCP, requires all papers to be in the English language? And if there is such an one, why not cite it for the instruction of Luis and others similarly named?

And if English is the required language for income tax dealings, why are IRS forms promulgated in the Spanish language?

There’s been a proposed Constitutional amendment to make English the official language of The Land of the Free floating around for years, going nowhere fast.

So where is it written?

 

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