Attorney-at-Law

FIRST CHECKLIST FOR INNOCENT SPOUSERS

In Uncategorized on 11/04/2019 at 12:53

Ex-Ch. J Michael B (“Iron Mike”) Thornton has a pretrial checklist for every innocent spouser (both potitioner and intervenor) lined up and holding short, awaiting trial.

Here’s Malka Yerushalmi, Petitioner, and Joseph Yerushalmi, Intervenor, Docket No. 5520-08, filed 11/4/19. And the docket number is no mistake; this one has been going for eleven (count ‘em, eleven) years.

But trial is finally coming on. It all happens on March 30, 2020 in Our Fair City, on this Minor Outlying Island off the Coast of North America. Cain’t hardly wait.

Meantime, our national legislature enacted Public Law 116-26, 7/1/19; that’s the Taxpayer First Act to you. Who says Congress can’t get anything done? Oops, sorry, this is a non-political blog.

All y’all will recall that this statute opens for innocent spousers information dehors the administrative record, namely, specifically and to wit, “any additional newly discovered or previously unavailable evidence. “ Section 6015(e)(7)(B).

How about changed circumstances? Maybe what wasn’t a hardship for petitioner eleven years ago is a hardship today. See my blogpost “Back to the Future,” 8/1/11.

However that may be, to prevent ambushes and wild cards, ex-Ch. J Iron Mike hands the parties a pretrial checklist, which they are to complete and set forth in a written report discussing how Section 6015(e)(7) impacts their case, and also “…(1) identifying the administrative record established at the time of the determination, (2) informing the Court of any additional newly discovered or previously unavailable evidence the parties plan to submit, (3) describing any disputes to the completeness of the administrative record or evidentiary problems the parties anticipate, and (4) the current status of this case.” Order, at p. 2.

Oh, btw, if the parties haven’t settled, they shall also “…report on the preparation of the stipulation of facts and preparation for trial, including the estimated length of trial. “ Order, at p. 2.

Innocent spousers and counsel, best make this checklist part of your pretrial prep.

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