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Ninth Circuit Cuts Break To Son Of Man Sentenced To Life For Price Label Switching

Ninth Circuit Cuts Break To Son Of Man Sentenced To Life For Price Label Switching

The court has to decide whether the nine month limit is “jurisdictional”.  If it is jurisdictional then the Court can’t even touch the case and Logan is out of luck.  If the limitation is not jurisdictional then it can be “equitably tolled”.  Equitable tolling would mean that the court could say “You know what.  In a well run household eleven years olds don’t get to decide what to have for breakfast, so maybe we should let the kid finish high school before he has to come into federal court to claim his money” or something like that.

The Ninth Circuit ruled that the rule is not jurisdictional, which does not win the case for Logan, but it let’s the district judge now consider equitable tolling.

Here is my ruling.  “Damn it.  His dad got sent away for life for price label switching. Give the poor kid a break.”  I would not last long as a judge.

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Tax Court Hammers IRS CI Who Went Out Into The Cold

Tax Court Hammers IRS CI Who Went Out Into The Cold

Joe Banister is the only IRS Criminal Investigation Division Special Agent ever to investigate allegations that the IRS fraudulently and illegally administers and enforces the federal income tax and report his investigation results to his IRS superiors. Rather than address legitimate concerns raised by one of the agency’s own criminal investigators, Banister’s IRS superiors suspiciously refused to address IRS wrongdoing raised in his report and instead encouraged him to resign. Observing that IRS management intended to cover up the deceit and illegal conduct alleged in his report and elsewhere, Banister had no choice but to resign from his position so that he could report his findings to the American public, in effect having to resign from his office in order to abide by his oath to support and defend the U.S. Constitution.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.