Attorney-at-Law

“IF AT FIRST YOU DON’T SUCCEED”

In Uncategorized on 02/22/2019 at 12:02

Employ Someone Who Knows What They’re Doing

I proffer the title hereof to Ch J Maurice B (”Mighty Mo”) Foley, to use if he needs again address the various missteps and miscues that bedevil the IRS staffer in Jeffrey M. Devries & Debra R. Kirshner Devries, Docket No. 21822-18S, filed 2/22/19.

It’s a run-of-the-mill motion to toss for want of jurisdiction, the stuff Ch J Mighty Mo handles by the ton. IRS’ problem is certifying they served Jeff. I’ll let Ch J Mighty Mo tell the tale in propria persona, as my expensive colleagues say.

“…respondent filed a Motion To Dismiss for Lack of Jurisdiction. Respondent did not attach to that motion a certificate of service for petitioner Jeffrey M. Devries. The Court issued a Notice of Docket Change…stating: ‘No certificate of service for Jeffrey M. Devries. You must file a Certificate of Service for Jeffrey M. Devries.’ Rather than filing only the certificate of service for Mr. Devries, as directed by the Court, respondent filed a second Motion To Dismiss for Lack of Jurisdiction, with a certificate of service for Mr. Devries attached.

“…the Court struck the second Motion To Dismiss for Lack of Jurisdiction from the Court’s record in this case and directed respondent to file a certificate of service for petitioner Jeffrey M. Devries, demonstrating that the first Motion To Dismiss for Lack of Jurisdiction was properly served on Mr. Devries. … respondent filed a Certificate of Service Motion To Dismiss for Lack of Jurisdiction demonstrating that the first Motion To Dismiss for Lack of Jurisdiction was properly served on petitioner Debra R. Kirshner Devries. … the Court struck respondent’s Certificate to Service…and directed respondent to file a certificate of service for petitioner Jeffrey M. Devries, demonstrating that the first Motion To Dismiss for Lack of Jurisdiction was properly served on Mr. Devries. Respondent failed to do so. … respondent filed a status report in which he incorrectly asserts that respondent filed a certificated [sic] of service as to Mr. Devries [for the second motion]….” Order, at p. 1.

I have served in offices where such a performance would earn a sulfurous rebuke from the high command.

Ch J Mighty Mo, exhibiting extraordinary patience and limitless forbearance, merely orders IRS to serve a certificate of service on Mr Jeffrey M. Devries of the first motion, the one they filed “November 27, 2018, at 8:11 a.m.” Order, at p. 2.

 

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