Attorney-at-Law

ASKED BUT UNANSWERED

In Uncategorized on 04/16/2018 at 15:52

Cecil K. Kyei, Docket No. 9118-12, filed 4/16/18, is back, but Judge David Gustafson’s question remains unanswered because CKK never responds to a couple requests (hi, Judge Holmes) to deal with same.

The question? See my blogpost “Come And Take My Hand, Walk With Me Today,” 2/20/18.

How can one enter decision based upon a stipulation entered into when the 11USC§362(a)(8) automatic stay was in effect?

Obliging to IRS as he is to petitioners, Judge Gustafson let IRS cop out as to the stip, and treated their papers as a motion for entry of decision based upon lack of prosecution.

But IRS has no Section 6751(b) Boss Hoss sign-off, so chops are off the menu.

“Mr. Kyei has failed to participate in this case, and his noncompliance with the Court’s orders and rules prompts us to grant the Commissioner’s motion to dismiss as supplemented, and to enter decision against him pursuant to Rule 123(b).” Order, at p. 4.

But the decision is for less than the SNOD, because IRS has conceded some items.

IRS was lucky CKK didn’t put up a fight.

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