Attorney-at-Law

SHOW ME THE MONEY – REDIVIVUS

In Uncategorized on 05/19/2016 at 15:16

But Make Sure It’s The Right Money

Harkening back to my blogpost “Show Me The Money – Part Deux,” 8/15/14, Ch J Michael B (“Iron Mike”) Thornton, in the waning days of his Chieftainship, has not forgotten what I called in the above-referred-to blogpost “Ch J Iron Mike’s cornerstone rule: Show Me The Money.”

But in trying to follow the rule, Joseph Anthony Steinbroner & Linette Leta Steinbroner, Docket No. 3467-16S, filed 5/19/16, come up with the wrong money.

It’s the usual no-jurisdiction face-off.

Linette and Joe agree that Linette is out on no-SNOD-or-NOD, and Joe is out as to one year, but Joe insists he’s in on the other.

His petition is received three weeks past the magic ninety days, and IRS, relying on USPS data, says the letter with the petition would have been received at the Glasshouse at 400 Second Street, NW, ten days before Joe’s got there.

There’s no legible postmark on the envelope, so we go to extrinsic evidence. And here’s where Joe gets creative.

“In support of their contention that the petition was timely mailed, petitioners attached to their objection to the motion to dismiss a copy of a receipt for a money order, bearing a date [within the 90-day limit], that was purchased from the U.S. Postal Service. Petitioners state that the money order was obtained to pay the filing fee for this case and was purchased at the same time the petition was mailed to the Court. However, this argument is contradicted by the Letter 555 (with an attached Form 886-A and Form 4549, explaining changes the IRS made in Mr. Steinbroner’s proposed tax increase), dated [outside the 90-day limit], that the IRS sent to Mr. Steinbroner and that petitioners attached to the petition filed in this case.” Order, at pp. 1-2.

So Joe can deal administratively with IRS, and good luck to him.

Takeaway – Make sure it’s the right money. And have a canceled check (see my blogpost “The Check’s The Thing,” 6/1/11). But whatever you do, make sure it’s the right money.

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