Barringer indefinitely suspended by 10th Circuit

[LPC]

Clearly, there is a legal difference between "FRIVOLOUS STATEMENTS" and "FRIVOLOUS ARGUMENTS."

Christ on a pogo stick.

You read all the way to page 9?

I couldn't get past the top of page 2, first line:

Meritless arguments do not warrant any sanction. Those occur all the time in cases.

Which is proof positive that Barringer lives in a different universe from most of the rest of the legal profession.

[The Observer]

I couldn't get past the top of page 2, first line:

Meritless arguments do not warrant any sanction. Those occur all the time in cases.

Which is proof positive that Barringer lives in a different universe from most of the rest of the legal profession.

But hey, at least we get to see Barringer admit that his arguments were meritless.

[Cathulhu]

His entire argument would appear to be: I'm not frivolous, I'm meritless!

So why would anyone pay him?

[Paths of the Sea]

I don't know if he's paying him, but I suspect he is getting paid by Dr. Dino (aka Kent Hovind) to represent him in his pending Tax Court case.

Why would he do that.

I don't know for sure, for obvious reasons.

However, in Dr. Dino's criminal case, he has been whining and whining about "ineffectiveness of counsel".

So, despite the fact that the man is ideal for Dr. Dino's case, once the case is lost we can expect to hear Dr. Dino going on and on about how he was misled by his mouthpiece and wants a "do-over".

Dr. Dino's Tax Court case is pending a reschedule of the trial. His wife's related trail was earlier this year and final briefs in that case are due this month. She had legitimate counsel and advised the Court that she didn't want her nutcase husband's case anywhere around hers.

It will be interesting to see how that all plays out.

Sincerely,
Maury enthusiast!

[notorial dissent]

I have to agree with LPC on this one WES, I don't know how you made it that far through that mountain of drivel, unless you were having an insomnia attack, for which it might well be sovrun cure. Blech!!!!! I can still feel the benumbed brain cells trying to recover from getting as far as I did. I really pity the poor clerk that had to slog through that so that the court could round file it.

One thing about it, Barringer is his own worst witness, if sending that mound of dreck to the Appeals Court doesn't justify his suspension nothing will. For bad writing alone he should be disbarred.

[Dezcad]

Not surprisingly, Barringer's "Petition for Reconsideration, Rehearing, and En Banc Rehearing” was denied.

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
In re: JEROLD W. BARRINGER No. 11-816

ORDER

Before BRISCOE, Chief Judge, KELLY and GORSUCH, Circuit Judges.

Having considered the respondent’s “Petition for Reconsideration, Rehearing, and En Banc Rehearing” as well as the other filings in this proceeding, the court directs as follows.

Respondent’s petition for panel rehearing is denied pursuant to Fed. R. App. P. 40. The petition for rehearing en banc was transmitted to all of the judges of the court who are in regular active service. As no member of the panel and no judge in regular active service on the court requested that the court be polled, the petition seeking rehearing en banc is also denied pursuant to Fed. R. App. P. 35.

Entered for the Court
ELISABETH A. SHUMAKER
Clerk of Court
by:
Douglas E. Cressler
Chief Deputy Clerk

[notorial dissent]

Oh the gross injustice of it all!!!! Or at least that is what he will complain now.

[Paths of the Sea]

The Tax Court trial for Barringer's client Kent Hovind (aka Dr. Dino) has now been rescheduled for March of 2012.

Sincerely,
Maury enthusiast!

[notorial dissent]

With, or without Barringer in attendance?

[Doktor Avalanche]

Clearly, there is a legal difference between "FRIVOLOUS STATEMENTS" and
"FRIVOLOUS ARGUMENTS."

Christ on a pogo stick.

Ask and ye shall receive!

[Paths of the Sea]

Regarding Dr. Dino's now scheduled March 2012 Tax Court trial:

[quote="notorial dissent"][b][color=#0000FF]With, or without Barringer in attendance?[/color][/b][/quote]

Barringer is still shown as Dr. Dino's counsel of record. I guess we'll just have to wait and see if he holds out and shows up to represent Dr. Dino at trial.

Sincerely,
Maury enthusiast!

[JamesVincent]

Regarding Dr. Dino's now scheduled March 2012 Tax Court trial:

With, or without Barringer in attendance?

Barringer is still shown as Dr. Dino's counsel of record. I guess we'll just have to wait and see if he holds out and shows up to represent Dr. Dino at trial.

Sincerely,
Maury enthusiast!

I think hell stay as counsel of record until hes removed.

[Samphire]

Maury,

Further to your comments about Barringer, Hovind has already been convicted of tax offences for failing to withhold and structuring as a result of which some of the Pensacola properties have been sold to recover losses and he is doing jail time.

As I understand it, this second trial is for failing to pay personal income tax over a period of 20 or 30 years and the IRS is looking to recover millions of $$$ which Hovind doesn't have. If the IRS proves its case would this likely result in even further jail time?

Over on CSE Blogs Kent's "Kneemails" are no more. Those he posted have all been removed along with all the other blog archives. His name has also been removed as a contributor to the blog and it is as though he has been blotted out of CSE's history, his place having been taken by a fat English Young Earth Creationist (thank you America for the favour - your loss is our gain) who is rapidly developing a mid-atlantic accent. There has been no news of Kent's current situation for a very long time. It's all very Stalinistic.

I assume that Kent has been told to lie very low pending the trial but it is strange how he has been airbrushed out of history at CSE. It's almost like Paul in his epistles failing to mention anything of the earthly existence of Jesus. Perhaps, like Jesus, Kent never really existed.

[wserra]

If the IRS proves its case would this likely result in even further jail time?

No. Tax Court proceedings are civil, not criminal.

[Paths of the Sea]

As I recall, it was noted in others posts here that Dr. Dino's Tax Court case involves only about 6 years and with civil fraud penalties and interest the amount runs up to about $7 million. The details should remain in the archives.

Also, while there may have been, may be efforts to remove Dr. Dino from the CSE pages, he has his own continuing blog at:

http://www.kenthovindblog.com/

Dr. Dino's wife (Jo Hovind) has had her trial and all briefs have been filed. The liabilities in her case, as I understand it, mirror those of Dr. Dino.

Will the Tax Court coordinate the opinions in the two cases?
Will the Tax Court issue an opinion in the wife's case independent of what goes with Dr. Dino?

We will see.

Sincerely,
Maury enthusiast!

[AndyK]

Dr. Dino's wife (Jo Hovind) has had her trial and all briefs have been filed. The liabilities in her case, as I understand it, mirror those of Dr. Dino.

Will the Tax Court coordinate the opinions in the two cases?
Will the Tax Court issue an opinion in the wife's case independent of what goes with Dr. Dino?

We will see.

Sincerely,
Maury enthusiast!

The answers to the above, in order, are (most likely) NO and YES.

The cases have been severed and been tried separately. Jo is trying to get off by throwing Kent under the bus. However, it's somewhat surprising that she didn't pursue the "Innocnet Spouse" route.

Perhaps her counsel felt that the various factors which are needed to support Innocent Spouse would be construed strongly against her?

In any case, she's defending her case by, among other things, citing prior IRS statements which attributed all of Dino-Land's income to Kent.

[Paths of the Sea]

With no joint return having been filed, I don't think "innocent spouse" is an option.

It's either Jo's income or Kent's income, as far as the income is concerned and they each get to be liable for the tax on whatever is determined to be their individual income.

If there's not some coordination between the two cases, it seems possible that an "inconsistent position" will result; either both will be taxed on the same income, or some income will go untaxed.

Time will tell.

Sincerely,
Maury enthusiast!

[AndyK]

Returns filed?

Joint -- no
Married filing separately -- No
Head of household -- no
...
...
... -- no

[jcolvin2]

Kent Hovind's trial is set for March 5, 2012 at Jacksonville. In what appears to be a departure from ordinary practice, Judge Paris has asked for a joint status report by December 7, 2011, setting out the parties' progress in preparing a stipulation, narrowing the issues and preparation for trial. The Tax Court order also requires the parties to agree to specific dates for the exchange of witness lists, documents and expert witness reports.

https://www.ustaxcourt.gov/InternetOrde ... rsID=50717

[Paths of the Sea]

It seems to me that the Court is indicating that it is not going to take lightly any attempts by Hovind or his Counsel to play games.

Sincerely,
Maury enthusiast!