Attorney-at-Law

“WALK RIGHT IN, SET RIGHT DOWN” – PART DEUX

In Uncategorized on 03/24/2020 at 18:38

Once again the words of Gus Cannon, songwriter and eponymous chief of the Cannon Jug Stompers, from back in 1929, echo in the order of Judge Gale today, in Brian Clifford Chubboy, Docket No. 12131-18W, filed 3/24/20. BC was twice taped by IRS at a sit-down, and now demands copies thereof.

IRS claims they already gave BC a copy of one of the tapings, but can’t find the other. Judge Gale tossed BC’s motion to produce.

But now BC wants reconsideration as to the missing tape. And he gets it.

“In his Motion for Reconsideration, petitioner provides a list of the attendees of the [missing tape] interview, describes the location of the recording device during the interview, and states that ‘Petitioner’s lawyer sat to the left of the Petitioner’ during the interview.” Order, at p. 1.

Judge Gale’s order raises a fascinating question, one I never encountered in all my years of negotiating, representing people in depositions, arguing in court, or even taking a client out for a friendly dram.

“Does it matter where your lawyer sits?”

Judge Gale seems to say it does.

Note this interview took place at least nine (count ‘em, nine) years ago.

So let IRS report in detail in a couple weeks (hi, Judge Holmes) its efforts to search out the tape, any transcripts, pictures, descriptions and accounts thereof.

And meanwhile let BC “…contact his lawyer who attended the …interview for the purpose of determining whether the lawyer possesses a copy of the audio recording of the … interview, any transcript thereof, or any other materials relating to the recording or the substance of the…interview.” Order at p. 2.

And when he’s done that, but in any case when or before IRS has to bukh, “…file a report describing in detail his efforts to contact his lawyer who attended the … interview and advising the Court whether any of the aforementioned materials are in the lawyer’s possession.” Order, at p. 2.

So counsel, walk right in, set right down, but make sure your client takes note where you set.

 

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