Attorney-at-Law

“I’VE HEARD THAT SONG BEFORE”

In Uncategorized on 10/30/2023 at 17:39

The song to which the title of this blogpost refers was written when i was a mere babe, but it sums up my feeling when I read Nicole Diane Henaire, T. C. Memo. 2023-131, filed 10/30/23. In fact, the arguments Nicole raised were a virtual echo of those raised by Mike Aubin in my blogpost “Not Even His Hairdresser Knows For Sure – Part Deux,” 6/8/23, and meet a like fate at the hands of Judge James S. (“Big Jim”) Halpern.

And so does Kevin F. Long, T. C. Memo. 2023-130, filed 10/30/23, who got only two (count ’em, two) days to come up with a proposed IA after the Offer Examiner bounced his OIC, and the SO at the CDP that followed volleyed back-and-forths with Kevin, giving him not fewer than seven (count ’em, seven) days to answer each volley.

Then, when the SO was off-duty teaching and then on vacay, Kevin heard nothing, so he sent a follow-up letter. The SO replied “Let me know if you want to set up a time to discuss,” and two (count ’em, two) days later closed the file and issued a NOD.

You can imagine how Judge David Gustafson deals with this. Or you can read the opinion.

Remember my blogpost “Slow Down, You Move Too Fast,” 9/24/13? Same story.

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