Erik Stephen Clark amends with 4852, no sanctions

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grixit
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Re: Erik Stephen Clark amends with 4852, no sanctions

Post by grixit »

Does the attorney know that this is going to turn out to be pro bono?
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Gregg
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Re: Erik Stephen Clark amends with 4852, no sanctions

Post by Gregg »

In order to file in District Court, don't you have to pay the tax first?

And its just me, but any attorney who would file this case, from what I know of the facts, is either a dismally uninformed lawyer or just unseemly to take a case he should know is hopeless.
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notorial dissent
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Re: Erik Stephen Clark amends with 4852, no sanctions

Post by notorial dissent »

Assuming that Clark is telling the truth, which may be quite a stretch and always chancy, as I recall, you're right on the tax part, and the only thing I can think of/hope is that the lawyer is trying to keep him from getting in any deeper, a probably thankless and fruitless task, and Clark is making unwarranted assumptions, otherwise, I would say you are right there as well.

Although, tax law services that are maybe one step above the rest of the ambulance chasers are becoming more common. I know of at least three or four in my area, and I'm sure there are many more, that make what I consider totally outrageous claims, so it is not beyond possibility he found one of those. Most of them can safely say their record is unblemished, they've never won a case yet.
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Re: Erik Stephen Clark amends with 4852, no sanctions

Post by Famspear »

Gregg wrote:In order to file in District Court, don't you have to pay the tax first?
Yeah, but maybe Clark is just trying to recover what he constructively paid when the IRS executed the administrative levy. In that case, he has paid the tax (or frivolous penalty or whatever it was).

We'll have to wait and see.

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