Attorney-at-Law

ASK, DON’T TELL

In Uncategorized on 03/06/2025 at 16:24

It’s always a good idea to check court rules before you leap into action. IRS counsel didn’t, and provides an object lesson in Blake C. Allen, Docket No. 16229-24, filed 3/6/25.

Ch J Kathleen (“TBS = The Big Shillelagh”) Kerrigan provides the lesson: “the above-referenced Notice of Withdrawal As Counsel for Respondent is recharacterized as a Motion to Withdraw As Counsel.”

Rule 24(c)(2) requires a motion when one is sole counsel of record for a party. Notice is sufficient if co-counsel remains on board. If you’re on your own, ask, don’t tell.

  1. But the docket shows another IRS attorney on the case, and no notice of appearance.  I did a search for the withdrawn attorney, and it shows he works for Department of HHS in Colorado for seven years.  Did he move to IRS, then get fired because still on probation there?  

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  2. Mr Kamman, I do not know. I saw the other named IRS attorney on the docket search, but no EoA either for him nor the one who sought to be withdrawn. The present EoA system is broken; I’ve called attention to its shortcomings many times, but am routinely ignored. Given the current employment situation in the Federal government at this time, however, nothing would surprise me.

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