In Uncategorized on 10/12/2017 at 15:56

Well, not just yet, Robert Edward Orth, Docket No. 18049-16, filed 10/12/17, but don’t try it again with Judge Buch.

Robert Edward echoes the words of a much more unfortunate but much more exalted personage, after unloading a few choice frivolities, including but without in any way limiting the generality of the foregoing, as my high-priced colleagues say, the Section 83 wages-are-not-compensation quibble, the self-employment-tax-only-applies-to-non-US-citizens misquotation of Section 1402(b), and the Administrative Procedures Act ploy (as to which see my blogpost “Truth or Forfeits,” 7/2/15).

Judge Buch clears these to the boards with minimal “somber reasoning and copious citation of precedents,” via footnotes.

Having struck out swinging, Robert Edward does see a chop in his future.

“Mr. Orth raises the concern that presenting his frivolous arguments in our Court may lead to a sanction being imposed against him.” Order, at p. 3.

Judge Buch’s reply is definitely on the order of “that’s a thwacking great affirmatory, good buddy.”

“He is right to be concerned. Raising frivolous arguments wastes precious court resources. One purpose of sanctions is to deter frivolous arguments from being presented or perpetuated. Although that is precisely what Mr. Orth did, we will not impose a sanction. Rather, we caution him against making frivolous arguments in the future.” Order, at p. 3 (Footnote omitted, but as it’s short, I’ll give it in extenso infra, as my expensive colleagues say).

Here it is: “See sec. 6673(a)(1)(B).” Order, at p. 3, footnote 9.

Thanks for designating this one, Judge. Saved me a lot of time.



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