True The Vote Suit Dismissed By Bush Nominated Judge – Jenny Beth Martin Not Happy
Here is where it gets lawyerly. TTV wanted to invoke the “volunatry cessation exception to the mootness doctrine”. The idea is that even though the IRS has backed off by granting the exemption, it still might get back to its old tricks, after the judge is no longer looking over its shoulder. TTV expressed concern that the IRS might select them for audit in the future based on inappropriate criteria. The Court found that to be too speculative.
TTV was also seeking money damages from several IRS employees involved in the application process. Citing other cases the Court noted that it is unnecessary to have a court created remedy since Congress has created a specific remedy for challenges to rulings on tax exemption. That is TTV could have gone to Tax Court to complain about its ruling being delayed or if it had been denied.
National Organization For Marriage – No Recovery Of Attorney Fees In Case Against IRS
Originally published on Forbes.com. Judge James C. Cacheris has ruled last week (10/16/14) that the National Organization for Marriage is not entitled to the nearly...
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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.