Attorney-at-Law

LOSE AT DISCOVERY

In Uncategorized on 05/07/2020 at 14:38

But Win On Remand

I’m sure my readers, few in number but photographic in memory, will easily recall Bruce Edward Haddix & Rae Anne Haddix, Docket No. 23437-16L, filed 5/7/20. For the new-fledged, see my blogposts “No Deus, Much Machina,” 11/18/15, and “Lose Your Case At Discovery,” 12/7/16.

Turns out Bruce & Rae got the NITL knocked out at a remand to Appeals back in February. I missed that one, but here it is. So, notwithstanding Ch J Maurice B (“Mighty Mo”) Foley’s invitation for Bruce & Rae to sue in USDC or USCFC, Bruce & Rae are back.

“On March 4, 2020, petitioners filed a motion to vacate the Court’s orders dated September 21, 2017, and February 3, 2020, alleging that respondent was intentionally dishonest in his answer to the petition. Petitioners assert that respondent and others are attempting to cover up corrupt activities of certain public officials. Respondent filed an objection to petitioners’ motion, to which petitioners filed a response.” Order, at p. 2.

IRS denied information sufficient to form a belief as to Bruce’s & Rae’s broad allegations of official misconduct. Back here in the Apple we call that a “DKI.”

“Under the Court’s pleading rules, positions taken in an answer must be grounded in fact to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry. Rule 33(b). If the Commissioner is without knowledge or information sufficient to form a belief as to the truth of an allegation, he shall so state and such statement shall have the effect of a denial. Rule 36(b). Contrary to petitioners’ position, and in the light of the broad allegations that petitioners made in the petition, the Court finds that respondent’s answer was not misleading or dishonest and it served its intended function–to inform the Court of the issues in dispute. Rule 31(a).” Order, at p. 2.

No vacation.

 

 

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