I know $3.7 million ain’t hay, but Judge Albert G. (“Scholar Al”) Lauber doesn’t think it’s worth a Rule 161 reconsideration.

Alexander Strashny & Laura Strashny, Docket No. 13836-19L, filed 7/15/20, claim IRS got the numbers wrong on their cryptocurrency account.

Y’all remember Alex & Laura, of course. No? Then see my blogpost “The 24-Hour Rule,” 6/11/20. I gave their trusty attorneys a Taishoff “good try, third class”, last month, and I see they’re still in there pitching. Their “never say die” attitude deserves a better cause.

Judge Scholar Al, shuffling through the usual bases for reconsideration and finding none, discourses thus.

“The Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, that petitioners submitted to the SO showed cryptocurrency valued at $3.3 million. Petitioners later submitted investment statements, which the SO interpreted as showing cryptocurrency valued at $7 million. Petitioners assert that the SO misinterpreted the financial statements and that they never had more than $3.3 million of cryptocurrency at any one point in time.

“To the extent the SO committed any error, it was harmless. At the time of the CDP hearing, petitioners’ outstanding tax liability was approximately $1.1 million. As petitioners acknowledge, whatever the exact amount of their cryptocurrency, they had assets sufficient to pay their tax liability in full, as the SO properly concluded.” Order, at p. 2.