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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33381
Experience:  Retired (mostly)
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Im the Petitioner in a pro se lawsuit. In my “Petition”,

Customer Question

I’m the Petitioner in a pro se lawsuit.

In my “Petition”, I made specific assertions setting fourth my case and the grounds for the relief I requested.

In it’s “Answer,” the Respondent replied:
“1. Admits.
2. Admits.
3. Admits.
4. Admits.
5. (1) through (3), inclusive. Admits that petitioner disagrees with respondent. Otherwise, denies.
6. (1) through (3), inclusive. Denies.
7. Denies generally each and every allegation of the petitioner not herein specifically admitted, qualified. or denied.”

The Respondent concluded by requesting the relief I requested be denied.

My questions:
(1) Am I correct to think the Respondent has acknowledged my assertions to be true?
(2) Or, if I am misunderstanding the Respondent’s Answer -- what is the Respondent saying (in Layman’s terms)?
Submitted: 1 year ago.
Category: Business Law
Expert:  socrateaser replied 1 year ago.

(1) Am I correct to think the Respondent has acknowledged my assertions to be true?

A: Respondent has admitted the allegations of your petition in paragraphs 1 through 4. Everything in paragraph 5 and 6 are denied, except that respondent admits that there is a disagreement between petitioner and respondent. Paragraph 7 operates to deny everything else in the petition.

(2) Or, if I am misunderstanding the Respondent’s Answer -- what is the Respondent saying (in Layman’s terms)?

A: Respondent is saying, "prove your case!" You don't have to prove paragraph's 1-4, because they are admitted -- but you do have to prove everything else.

Please let me know if I can be of further assistance.

Customer: replied 1 year ago.

To prove my points, via citing case law, would it be best to file an:


(1) amended petition


(2) motion


If not the above, what do you recommend?


 

Expert:  socrateaser replied 1 year ago.
Civil procedure:

1. commences with the filing and serving of a summons and complaint.
2. follows with an answer or a motion to dismiss (aka, a "demurrer" in some jurisdictions).
3. If motion to dismiss is valid, then plaintiff is usually granted leave to amend the complaint, and step 2 is repeated until either the complaint is not susceptible to another motion to dismiss, or the court decides that the defects cannot be cured, whereupon the case is dismissed and terminated; otherwise defendant must answer the complaint
4. Once both complaint and answer are filed, the matter is "at issue." The court generally orders a case management conference at which the parties are required to determine how the discovery process will proceed (interrogatories, depositions, requests for production of documents, physical inspection/medical examination, etc.), and a trial date is set, usually between 6 months to one year after the initial date of service on defendant.
5. At any point during discovery, if either party believes that the other parties case is so weak that there are no material facts in dispute, then a party may move for summary judgment, which is a termination motion, whereby the moving party tries to show the weaknesses of the opponent in the hope that the court will grant judgment in the moving party's favor without trial. Summary judgment may be partial or full. If partial, then the case is tried on the issues which survive summary judgment.
6. Assuming a trial date is reached, the case is tried, either before a jury or the judge, witnesses are called, evidence is produced, and when the trial is over, the jury renders a verdict and the court enters findings and conclusions and judgment for the prevailing party.
7. If either party disagrees with the court's judgment, they can appeal to a higher appellate court.

That's the thumbnail of civil procedure. The next step is usually to serve interrogatories on the other party. This requires knowledge of your jurisdiction's discovery rules. Civil procedure is a complex subject. For a reputable professional treatise see:

Westlaw Bookstore

Lexisnexis Bookstore

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

I'm in Tax Court, does the above procedure still hold true?

Expert:  socrateaser replied 1 year ago.
If this is a small tax case, under IRC 7463 and U.S. Tax Court Rules 170-174, then the procedure is more similar to a small claims court action, there is no discovery other than informally between the parties. The rules of evidence are generally suspended, and any evidence with probative value is admissible.

So, the revised answer to your question would be: Go to trial with whatever evidence you have in your possession. If you believe that the IRS has certain evidence which you believe would be useful, then make an informal request, orally (Rule 70(a)), or a formal request for production under Rule 72. If the IRS refuses to produce evidence requested, then you could file a motion to compel. Otherwise, there would be no reason for any motion. Your next step will be the trial, which as mentioned, is pretty much like "Judge Judy:" a highly informal hearing before the tax court judge.

Hope this helps.
Customer: replied 1 year ago.

I did not file as a small tax case.

Expert:  socrateaser replied 1 year ago.

Then the regular tax court rules are in force, which are substantially similar to the Federal Rules of Civil Procedure, and which follow the general outline that I have previously described.

The official U.S. Tax Court Rules are found at this link.

In sum, my original answers stand as written.

If you need a practice guide on U.S. Tax Court practice, consider one of the following (may be available at the county public or a university law library):

Representation Before the United States Tax Court

Casey Federal Tax Practice

 

If I may offer this view: you are engaged in a dispute with the most sophisticated litigation machine on Earth. Trying to prevail without competent legal counsel is like trying to wage war against a line of tanks with a hand-held slingshot and some small rocks. At a minimum, you need a practice guide, such as those I have identified, or you may be defeated by procedures that you do not expect, nor understand, before you get anywhere near the substantive issues in your case.

 

You may want to consider changing your case to a small tax case. I'm sure the court and the IRS would consent, if your dispute is $50,000 or less.

 

Best wishes.

 

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33381
Experience: Retired (mostly)
socrateaser and 7 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your excellent responses.


 


Your comments, insights, and links exceeded my expectations.


 


Furthermore, you asked questions leading me into a deeper awareness/appreciation of my situation.


 


Again, Thank You.

Expert:  socrateaser replied 1 year ago.
I'm flattered by your comments (seriously). Many customers treat me as the object of their anger, when their case does not go as they had hoped.

Best of luck.
Customer: replied 1 year ago.

No disrespect intended, people frequently take things personal thus let themselves become overwhelmed with anger versus release their disappointment as disappointment.


 


Through my and my family's challenges, I have come to realize the value in focusing only on what i can control and not giving my energy to what I can't control, before the black hole of negativity sucks me in.


 


I have benefitted greatly with the help of your input, Thank You.


 


 

Customer: replied 9 months ago.

I want to cite the US Supreme Court regarding the responsibility og government agencies to maintain their files and know what's in their files.


 


 

Expert:  socrateaser replied 9 months ago.
Please open a new Q&A session for your new question and put my userid in the first sentence ("To socrateaser, only"). The system will send me an alert, and I will answer in the new Q&A session.

Thanks in advance for using justanswer.com!

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