Please distribute to your mailing list:
------------------
Subsequent to our filing of the Notice of Appeal in the Benson case, the IRS issued
an administrative summons seeking the very same information that the District Court
ruled it could not have in the injunction suit. Guess the IRS believes is can ignore
a court order directly on point in litigation to which it was a party.
Today we have filed a motion to quash the summons (Doc.
144) and memorandum in support (Doc.
145), and a motion for an order to show cause why the Revenue Agent and
his Group Manager should not be held in contempt for violating the court's order
(Doc. 147) and a memorandum in support
(Doc. 148).
Hearing on both motions is currently set for February 28, 2008 at 9:00 A.M. in the
District Court in Chicago.
Regarding the appeal, we have filed our designation of record (Doc. 143), and have
filed in the Court of Appeals for the 7th Circuit our disclosure statement.
All of the pleadings filed in the District Court may be viewed on my website: jeffdickstein.com/pleadings.aspx.
In the near future I will add a link to my website to view the documents filed with
the Court of Appeals.
I am in the process of preparing a motion to be filed in the 7th Circuit asking
it to certify to the Supreme Court of the United States several questions. I anticipate
filing it in the very near future. As it stands now, Bill Benson's opening brief
is due to be filed in the 7th Cir. by March 24th.
If the Court of Appeals grants the motion to certify the questions, I presume they
will cancel the current briefing schedule. If the Court of Appeals does not grant
the motion to certify the questions, we will have to decide whether to proceed in
the Court of Appeal or immediately move the Supreme Court to take cert.
Please continue to support this litigation with your donations.
jeffdickstein.com/donate.aspx or by mail, made payable to me.
Thank you.
Sincerely,
Jeffrey A. Dickstein
Attorney at Law
500 W. Bradley Rd., C-208
Fox Point, WI 53217
(414) 446-4264
[email protected]
www.JeffDickstein.com