Attorney-at-Law

SEALED AND BLOWN

In Uncategorized on 05/17/2022 at 15:21

Judge David Gustafson confronts the old “seal one document, seal ’em all” problem which bedevilled the original new, improved, jim-handy (yeah, most affirmative, roger that) DAWSON electronic docket system. Now it seems that the Genius Baristas have so far pulled their thumbs out, that only individual documents can now be sealed, while the rest of the electronic docket may be available to the public, as intended by Section 7461.

Of course, that which was previously enveloped in the all-encompassing sealing must be individually released, rather like prisoners at the end of Act I of Fidelio.

Lawrence W. Doyle & John F. Moynihan, Docket No. 4865-19W, filed 5/17/22, are engaged with IRS in an unseal-athon. This started with one document, but 25 (count ’em, 25) others got involved.

Of course, the sealing started a year ago. See my blogpost “Stealth and Unstealth,” 4/28/21.

But IRS suggests this may all be for naught, as DC Cir put paid to Cooper and Lacey back in January, in Li v Com’r, 20-1245, filed 1/11/21. Mandy Mobley Li, pro se (natch), exhausted DC Cir’s patience, and they held that no award equals no jurisdiction, per Section 7623(b)(4). So whatever the Ogden Sunseteers did or didn’t do, neither Tax Court nor anyone else can say Word One.

For Mandy Mobley’s story, see my blogpost “Ran the Checklist,” 4/6/20.

Taishoff says DC Cir has made mincemeat of the whole tax whistleblower system. All the Ogden Sunseteers have to do is do nothing; no award, no Tax Court jurisdiction (and Tax Court’s jurisdiction is expressly “exclusive,” so no one else can look either).

So thanks to DC Cir, the brand-new Chief Whistler Mr. John W. (“Hoppin’ John”) Hinman has the easiest job in the world; he can run the 100% sequester.

Judge Gustafson does order the uncontested documents unsealed, although to what purpose remains doubtful. It’s doubtful if he has jurisdiction to do even that much.

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