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Cadrecha case delay!

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  • rlbaty50
    The Cadrecha case is the one I got involved in as a result of a column on Forbes from Peter J. Reilly about the case. When I got involved it was my opinion
    Message 1 of 1 , Sep 4, 2012
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      The Cadrecha case is the one I got involved in as a result of a column on Forbes from Peter J. Reilly about the case. When I got involved it was my opinion that the IRS had really bungled the case and the Justice Department was more intent at defending the bungling that "doing the right thing". The case appealed and is pending before the Appeals Court. The final Government brief was due by this Friday, but the Government has asked for a 30 day delay; Cadrecha has just filed (September 4, 2012) advising the Court that he had no objection to the delay. Maybe it will be a good thing. Maybe the Government will, with the additional time to think about it, concede the case as it should.

      Here's the motion from the Government asking for and explaining the delay:

      -----------------------------------------------

      IN THE UNITED STATES COURT OF APPEALS
      FOR THE FEDERAL CIRCUIT

      ROBERT N. CADRECHA and
      CYNTHIA CADRECHA,

      Plaintiffs-Appellants

      v. No. 12-5089

      UNITED STATES

      Defendant-Appellee

      MOTION FOR EXTENSION OF TIME
      FOR FILING APPELLEE'S BRIEF

      The United States, appellee herein, through its counsel,
      respectfully moves this Court for a 32-day extension of
      time, from September 7, 2012, to and including October 9,
      2012, for filing its brief in the above-captioned case.

      In support of this motion, counsel states
      as follows:

      1.

      The appellants' corrected opening brief was filed on
      July 26, 2012.

      Pursuant to the Court's order of July 24, 2012, the
      appellee's brief is currently due to be filed on
      September 7, 2012.

      2.

      The preparation of the United States's answering brief
      in this appeal is assigned to me.

      I did not represent the Government in the court below
      and, accordingly, need additional time to review the
      record and to prepare the Government's answering brief
      in this case.

      3.

      In reviewing the record, this office has determined that
      it will be necessary for us to confer with the Chief
      Counsel of the Internal Revenue Service respecting the
      Government's position in this case.

      This consultation between the Department of Justice and
      the Internal Revenue Service will likely take several
      weeks, making it impossible for the Government to meet
      the present September 7, 2012, deadline for filing the
      appellee's brief.

      4.

      I have exercised diligence in this matter and, barring
      unforeseen circumstances, will file the Government's
      brief by October 9, 2012.

      5.

      I have contacted the office of the appellants' counsel,
      William Kalish, Esquire, and have left a message
      informing him that the Government will be seeking the
      requested extension. I have been unable to determine
      whether the appellants object to the extension, as
      Mr. Kalish is presently away from his office.

      Wherefore, the United States respectfully prays that the
      time for filing its answering brief be extended for 32
      days, to and including October 9, 2012.

      Respectfully submitted,
      /s/ Carol Barthel
      CAROL BARTHEL

      Attorney, Appellate Section
      Tax Division
      Department of Justice
      Post Office Box 502
      Washington, D.C. 20044

      Counsel for the Appellee

      Dated: This 31st day of August, 2012

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