Attorney-at-Law

COFFEY BREAK

In Uncategorized on 02/08/2018 at 12:59

I chronicle the latest efforts by The Great Dissenter/Concurrer, a/k/a The Judge Who Writes Like a Human Being, s/a/k/a Master Silt Stirrer and Old China Hand, Judge Mark V. Holmes, to propound an exit strategy from the long-running debate about the virginity (or otherwise) of certain islanders.

Or as a much more exalted personage has put it, “Be still, ye inhabitants of the isle.”

First up, Gail Vento, et al., Docket No. 23527-08, filed 2/8/18. Y’all will doubtless remember the wanderings of la famille Vento from Vegas to the Virgin Islands, from Tax Court to 3 Cir and back. If not, just Google them and me, and I doubt not the whole saga will pop.

Now la famille Vento, or such of them as missed the 3 Cir cut for unguided Congressional largesse, are still scuffling with IRS. Latest gambit is invocation of an authority not quite so exalted as that hereinabove referred to. This is the competent authority.

“…petitioners filed a request for an answer to the question of their Virgin Island residency with the so-called ‘competent authority’ — an office within the IRS whose agents can meet with their counterparts in the VI BIR to try to settle this issue. That has not worked out, but the Court’s recent opinion in Coffey v. Commissioner may provide a different escape hatch.” Order, at p. 1.

Judge Holmes wants out.

So Judge Holmes held a phoneathon.  IRS and la famille should report. Judge Holmes suggests that la famille drop the competent authorities, go to trial, or better yet, see if the cover-over papers VIBIR sent to IRS sets up the same SOL out as bailed out Coffey.  For those who missed the scoop on Coffey, see my blogpost “Another Non-Virgin,” 1/30/18.

But wait, there’s more, as the midnight telepitchers say.

Thomas Pfeil, 18251-13, filed 2/8/18, and Brad Camrud, 22732-13, filed 2/8/18, have the same idea, and IRS, no doubt with a sense of fatigue, is down with this.

Let’s have a Coffey break.

“…the Court spoke with the parties in this case to discuss how to move it forward. They reasonably proposed taking two months to confer to see whether the cover-over documents central to at least one opinion in Coffey exist in this case in some form, and to see if there will be any post-decision motions in Coffey that might affect all the cases that are similar to it.” Camrud order, at p. 1.

So take a couple months, guys. Just make it all go away.

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