In Uncategorized on 07/07/2017 at 15:19

Thus did the late G. M. Fraser entitle one chapter in his history of the scruffiest soldier in the world, Private John MacAuslan, Gordon Highlanders, a favorite of my little ones when they were still little.

Today we have another case where general knowledge of private information was already out of the bag, in Loys Vallee, Docket No. 13513-16W, filed 7/7/17.

Loys, a blower fighting an Ogden Sunseteers shootdown, wants his info sealed after IRS messed up a couple of Branerton mailings, sending them to the wrong address. The parties who got them must have opened them, because Loys got them forwarded, resealed with tape.

So eleven (count ‘em, eleven) months post-petition, Loys wants Rule 345(a) treatment, the blower’s Rule 27 equivalent duckdive.

Unfortunately, even that Obliging Jurist, Judge David Gustafson, can’t help Loys now.

“Petitioner’s motion does not present potential harm in any concrete, ‘fact-specific’ way. The motion points to two categories of concern-letters sent to a nearby wrong address, and nebulous, theoretical concerns of economic or physical harm. Even if we were to grant the motion, our action could not un-send the two letters respondent already incorrectly mailed. And in his motion, ‘Petitioner has not identified a taxpayer who, upon learning petitioner’s identity, would have the power to, and might be expected to, act against him.’ Whistleblower 14377-16W v. Commissioner, 148 T.C. No. 25, slip op. at 37 (June 28, 2017).” Order, at p. 3.

As for Whistleblower 14377-16, a/k/a 716 Whiskey, see my blogpost “A. Nonymous, Serial Blower,” 6/28/17.

Since Loys his own self originally unbagged the cliché almost a year ago, all Judge Gustafson can do is promise a future sealing, should events and the course of the proceedings warrant the same.

In the meantime, Judge Gustafson will seal Loys’ motion, and tell IRS to be careful when sending out correspondence in blower cases.

Takeaway- Whether it’s a petition from a SNOD, NOD, worker classification or 501(c)(3)  or blower shootdown, put that motion to seal in with your petition and your sixty bucks. Get there first.

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