In Uncategorized on 05/24/2017 at 15:28

You’d think IRS would stop with this one, as they got a Taishoff “Oh, Please” back in 2014. See my blogpost “Another Taishoff ‘Oh Please’,” 9/24/14. But no; there they go again.

This time it’s Doctors Hospital 1997 LP, et al., Docket No.9479-14L, filed 5/24/17. Actually there are two docket numbers, so there are two petitions, one I’ll call 79 and the other 80. And thereby hangs the cliché. Note that this is a petition from a NOD, so the thirty-day rule is in play here.

So, as Judge Holmes used to say, “now pay attention.” I’m going over the dates most particularly.

NOD dated March 28. 80 arrives at the Glasshouse May 2, but USPS track-and-confirm shows it entered the certified mail stream on April 27.

79, however, though postage was affixed at a USPS self-service kiosk on April 27, got to the Glasshouse on May 1, but doesn’t enter USPS stream until April 28.

Remember March has 31 days, thus cutoff date is April 27 for Section 7502 mailed-is-filed.

Now 80 is more complete, and has a proper Ownership Disclosure Statement (Form 6 if you’re keeping score).

Well, sounds like duplication to me. So close 79 and keep 80 as timely filed, right?

Wrong. IRS tries it again. Being slimy (whether also crafty or deft I leave to you), IRS pulls the old maneuver.

Here’s Ch J L Paige (“Iron Fist”) Marvel. “On May 19, 2017, respondent then filed a Motion To Close on Grounds of Duplication at Docket No. 9580-17L.” Order, at p. 1.

If that’s granted, then the Docs are left with 79, and are a day late and more than a dollar short, as 79 was mailed on April 28 per USPS, notwithstanding the self-service kiosk postage mark.

I warned about this back on 11/18/15 in my blogpost “No Deus, Much Machina.” I said “Just because the USPS owns and operates the postage meter, it’s still a postage meter, and you can’t control it. So the date that’s shown on the postage issued by USPS is the date you’re stuck with. And the date may change after the last minute that a piece of mail posted in the dropbox in the post office would be postmarked with the date you’re trying to establish. So remember, if the magic moment is 5 p.m., using the self-service kiosk at 5:01 p.m. may not help you. You’ll get the next day’s date on the machine-made postage.”

Ch J Iron Fist closes 79 on grounds of duplication, and dismisses IRS’ motion to close 80, not bothering to rebuke IRS for this shabby trick.

C’mon, Com’r Kosinski, even a banged-up, beaten-down and beaten-up single-shingle like me, “only a general practitioner with very limited experience and mediocre qualifications,” can see through this stuff.

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