In Uncategorized on 02/19/2019 at 14:23

Echoing an old advertising slogan, two Judges, neither one notorious for his sufferance toward the wayward petitioner,  give ‘em a break.

First, Ch J Maurice B (“Mighty Mo”) Foley. Instead of tossing Anthony Dallamarco, et al, Docket No. 16643-18, filed 2/19/19, for his late filing under another docket number, Ch J Mighty Mo gives Anthony and the al a second chance. Note the dates here.

“…petitioner timely filed an imperfect petition with the Court at Docket No. 16643-18, challenging the notice of deficiency dated July 30, 2018, issued to him for taxable year 2015. By Orders dated September 4, 2018, and November 7, 2018, the Court directed petitioner, on or before November 29, 2018, to file a proper amended petition and to pay the filing fee in that case. On December 17, 2018, the Court entered an Order of Dismissal for Lack of Jurisdiction at Docket No. 16643-18, due to petitioner’s failure to file an amended petition and to pay the filing fee as directed.

“On November 30, 2018, petitioner filed a second petition at Docket No. 23752-18, as to the same notice of deficiency for 2015.” Order, at p. 1. So Ch J Mighty Mo orders Anthony and the al to show cause why they should not be tossed again.

Instead of awaiting Anthony’s and the al’s reply to the OSC, Ch J Mighty Mo vacates his first toss, closes petition no. 2 as duplicative, and if Anthony and the al pony up the Big Green Sixty, they can go at it.

Next up, ex-Ch J Michael B (“Iron Mike”) Thornton. He’s drawn Jeremiah Francis Manning, Docket No. 22609-17, filed 2/19/19, whom y’all will remember from before the Dia de los Presidentes break as the star of my blogpost “Ubique,” 2/15/19.

Jeremiah wants more time to proffer the documents upon which he intends to rely at trial, because shutdown.

At first ex-Ch J Iron Mike is loath to grant Jeremiah’s request.

“Petitioner indicates… that his request for an extension is warranted by the shutdown of the Federal government without detailing how the shutdown affected his ability to provide respondent’s counsel the documents or other materials as ordered by the Court’s order dated November 15, 2018. The Federal government reopened on January 28, 2019, and petitioner’s motion is silent as to his efforts to provide the documents or other materials to respondent’s counsel at any time before the filing of petitioner’s motion [for more time] on February 14, 2019.” Order, at pp. 1-2.

It does seem a wee bit sketchy. Jeremiah never claims he works for the guvmint in any capacity. Of course, without knowing what the documents or other materials are, one can’t say that Jeremiah didn’t need the largest temporarily-shuttered doors at 1111 Constitution Ave, NW, to swing wide for his stuff, with strong-armed IRS functionaries standing ready to receive same.

So ex-Ch J Iron Mike gives Jeremiah a break, too.

“Nevertheless, giving petitioner the benefit of the doubt, we shall provide a short extension of time for the parties to exchange information. The Court does not contemplate granting further extensions.” Order, at p. 2.

Jeremiah gets two (count ‘em, two) weeks.


Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: