In Uncategorized on 05/24/2019 at 15:04

I must add the title hereof to my extensive and ever-growing list of sins of levity and irreverence, to say nothing of worse ones, the subject of an even-faster-growing list.

Cross Refined Coal, LLC, USA Refined Coal, LLC, Tax Matters Partner, Docket No. 19502-17, filed 5/24/19, is once again vexing that Obliging Jurist, Judge David Gustafson, who, I dare say, never did the Cross Colliers any harm. Here’s the designated hitter, on the eve of a three-day weekend.

The Cross Colliers want to strike an out-of-time IRS document demand, which got enmeshed in The Shut Down, and got overlooked in the unscrambling of the mountain of frittattas generated thereby.

Although from the government, Judge Gustafson definitely is here to help, and not frighten anyone.

Tax Court “was busy recovering from the shutdown and was awash in scheduling issues in numerous cases. Given that context, and given that we had indicated our ‘inclin[ation] to adjust the pretrial schedule’ and had invited the Commissioner to ‘renew his motion after February 15, 2019’, his service of document requests three weeks out of time (under the schedule entered in October 2018) was not unreasonable.” Order, at p. 3.

Judge Gustafson, like a very much Higher Authority, was willing to help both sides get out of commitments that The Shut Down and the rehabilitative steps necessitated thereby rendered unduly burdensome. Hence the title of this blogpost.

So the motion to strike the document demand is denied, and let the Cross Colliers and IRS play nice and sort out the rest of their problems.

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