LoserHead Robert John Welzel in Tax Court

[Nikki]

From the LoserHead forum, Welzel posted his guaranteed technique for handlling civil penalties:

Like so many of you, I have received my share of CIVPEN's. I am in the process of developing a process for answering them that I hope to get a resolution to soon.

Of course every letter from the IRS is answered. Mostly demanding that they follow the law and that they tell my WHY the return is frivolous, something they seem intent not to answer.

Then I request CDP; in my case the CDP appeals officer stated that he didn't have the authority to deal with the issue.

Then I appealed to tax court. Once I received the answer from the IRS attorney, I submitted a motion for summary judgement. The judge has ordered the IRS to respond.

This is where I am at right now. I am also analyzing the possible outcomes and what my response will be. In each case, I think that things might be better simply because the IRS never answered the initial request to prove the penalty.

If the judge grants my motion, I intend to work on a mandamus; if the documents were "judged" to not be frivolous, then the IRS must act upon them.

Let me know what you think; also, if anyone has taken this to court yet, please let me know what the outcome was.

In two words, Bob: They lost

In any case, in response to Bob's initial post, fellow LoserHead CW gushes with enthusiasm over Bob's major victory:

Congratulations Bob, great win regarding the judges order.

This should be extremely important to most everyone on this forum. I suspect there are many right where you are, but alas, very few of them want to fess up.

Just in case your fight regarding the "frivolous" determination and the judges order falls off this forum, my email address is suite601 at lycos dot com. Write me if you will so I can keep in contact with you.

This a problem I too have been trying to find a solution to, but so far, to NO avail.

The great win is available from the docket sheet under either Wenzel's name or docket number 012668-08L. In any case, this great win was an order from Chief Judge Colvin for the Respondent (the IRS)

ORDERED that, on or before August 26, 2008, respondent shall file an objection, if any, to each of petitioner's justreferenced motions

I guess they just have to take their wins wherever they can get them.

[jkeeb]

In my opinion, its going to work.

[.]

If the judge grants my motion

I sense some real talent here. As a stand-up comic.

[Nikki]

In my opinion, its going to work.

I sincerely hope that your unblemished record of prognostication is not marred in this case.

[The Observer]

I am also analyzing the possible outcomes...

Here, let me save you some time - there is only going to be one outcome.

[The Operative]

Then I appealed to tax court. Once I received the answer from the IRS attorney, I submitted a motion for summary judgement. The judge has ordered the IRS to respond.

Bob, let me explain something to you. The Judge probably decided that instead of him or his clerks having to write a lengthy response as to why you are wrong, he is having the IRS lawyers do it. By ordering the IRS lawyers to respond, the judge can write short paragraphs as to why the IRS lawyers are right and you are wrong and then finish it all off with DENIED.