In Uncategorized on 08/24/2020 at 02:19

I was rereading my blogpost “Make It Easy,” 8/21/20, when I recollected something. I said then to pay attention. I should have taken my own advice.

So I checked the dates in my blogpost aforementioned, and the recollection set off an alarm.

You’ll remember that IRS asked for an extension of time, and got no opposition. That’s absolutely par for the course, because our New York Civility Rules call for granting extensions if reasonable and no prejudice to our client, and I’m sure other jurisdictions have similar prescriptions.

But the date which IRS sought and got unopposed just happens to be the same date when petitioners’ response was due. And IRS’ counsel offered petitioners no additional time.

See my blogposts “Play Nice or Go Home,” 3/20/20, and “Time Sensitivity,” 4/13/20.

Now Judge Gustafson was his usual genteel self in the first of the foregoing instances, and Judge Gale did likewise in the second. Both granted petitioners more time.

But enough is enough. To try to wrongfoot your opponent by getting more time for yourself and using their courtesy to grab time from them is wrong.

I’ve twice called out IRS attorneys for this gameplaying, but apparently the message hasn’t gotten through. So I’ll call out Shannon E. Craft, Esq.

And I’ll give a heads-up to practitioners. If IRS asks for an extension, ask them to stip to additional time for you. And if they refuse, oppose. And tell the Judge that Taishoff sent you.

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