In Uncategorized on 07/02/2018 at 13:56

IRS seems to have a problem with Estate Of Michael J. Jackson,  Deceased, John G. Branca, Co- Executor and John McClain, Co-Executor, Docket No. 17152-13, filed 7/2/18. Or rather, with the attorneys for the co-ex’rs.

So there comes before the Great Dissenter/Concurrer, a/k/a The Judge Who Writes Like a Human Being, s/a/k/a The Master Silt-Stirrer and Old China Hand, Judge Mark V. Holmes, IRS’ motion to “… strike part of petitioner’s opening brief.”

That’s the post-trial opening brief, after thirty-six (count ‘em, thirty-six) volumes of trial testimony, enough stips to stock a fair-sized bookstore (if any such exist post-Amazon), and a reopened record (obviously for Boss Hoss sign-offs for chops).

Now we all know Rule 52 provides, in pertinent part (as my two-Grey Goose-Gibson lunching colleagues state) “…upon motion made by a party…or upon the Court’s own initiative at any time, the Court may order stricken from any pleading any insufficient claim or defense or any redundant, immaterial, impertinent, frivolous, or scandalous matter. In like manner and procedure, the Court may order stricken any such objectionable matter from briefs, documents, or any other papers or responses filed with the Court.”

You’ll doubtless remember IRS’ lying witness who featured in my blogpost “I’m Shocked…Shocked,” 4/28/17. But Judge Holmes hardly gave that a shrug of the shoulders. So how can any remarks on that score overtop the bar for a strike?

Now whatever else might the ex’rs’ high-priced, Beverly Hills 90212 attorneys put in an opening brief that could possibly be “insufficient, redundant, immaterial, impertinent, frivolous, or scandalous”?

I’d dearly love to know.

That might well be a lot more interesting than another valuation joust between squadrons of dueling appraisers, generating hundreds of pages of regurgitation of their cogitations and coruscations, followed by a mix-and-match exagmination round their factifications.

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