Attorney-at-Law

THE STATUS REPORT

In Uncategorized on 10/23/2020 at 16:33

It’s one of the very few things you can fax to Tax Court. It’s probably The Glasshouse’s most-filed document. Crafty counsel use it to try to get extensions of time (no, must use motion), wildcard in evidence, arguments, and Boss Hossery (among other improper things). And Judges use it as a judicial alarm clock to keep litigants awake and up to date with discovery, trial prep, and stipulations.

Every day’s orders pages are littered with directions to submit joint Status Reports (or separate ones, if jointure is inexpedient), always with due dates, and sometimes with sequential due dates.

Today, Judge David Gustafson has a new twist to bestir the somnolent litigant, and it’s worth his colleagues’ emulation. Here’s Greg Alan Rubstello, Docket No. 13598-19, filed 10/23/20. I don’t know if it’s Greg Alan or IRS or both who’s waltzing, but it doesn’t matter.

“ORDERED that, no later than November 16, 2020, and every 60 days thereafter, the parties file shall [sic: has Yoda joined the Tax Court typing pool?] a joint status report (or, if that is not expedient, then separate reports) giving the status of the case and recommending a schedule for further proceedings. Each report shall include a paragraph that explicitly states what has occurred since the filing of the previous status report.” Order, at p. 2. (Emphasis by the Court).

I’d place additional emphasis on the last sentence thereof: “Each report shall include a paragraph that explicitly states what has occurred since the filing of the previous status report.”

“All Quiet on the Western Front” should not be an acceptable statement.

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