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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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The judge dismissed my case without ruling on all the legal

Customer Question

The judge dismissed my case without ruling on all the legal questions and supporting facts for each one. I had five different legal requests, with supporting law and facts. How do I word my request to the appeals court the judge should have ruled on all
five. I need specific cases supporting my request. Can I ask the Appeals Court to order the district Court to rule on all five? For instance I needed a determination I had a legal relationship with the IRS Whistleblower Office; The IRS had a legal responsibility
or obligation to do an investigation; The IRS had a legal obligation to hold a hearing. I have enough law to back up each of these obligations but I want the judge to rule on each one. Thank you. 11th Circuit.
Submitted: 1 year ago.
Category: Business Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. I am going to be assisting you with your question.

Did the judge grant a motion to dismiss filed by the other party?

Customer: replied 1 year ago.
No.
I requested a writ of mandamus. The judge said the Court did not have the authority to interfere with the IRS Whistleblower Program. (Wrong). The Judge said the Court had no authority. (Wrong). The Judge said I had to exhaust all my Administrative remedies, which were to go through the Tax Court, Appeals Court and then the Supreme Court. (Wrong) A judicial remedy is not an administrative remedy. Also, The Tax Court under section 7623b does not have any authority to make the IRS do its job. I did go through the Appeals Court and they affirmed the tax courts ruling. Also the law has not changed.
Customer: replied 1 year ago.
In order to get a writ of mandamus there are several requirements. I want the Court rule that I have met all these requirements, which is the basis of my question.
Expert:  MIAMILAW1127 replied 1 year ago.

I cannot assist you with the specific cases as I am not permitted to conduct legal research on customer's behalf.

Is there another way I can assist you, or would you prefer that I opt out so that another expert can chime in?

Customer: replied 1 year ago.
that is why I requested Socrateaser. Thank you.
Expert:  MIAMILAW1127 replied 1 year ago.

I apologize. I did not see that you specifically requested him. I will opt out.

Expert:  socrateaser replied 1 year ago.

I'm on a break. Back this evening (Pacific Standard Time). Thanks for your patience.

Customer: replied 1 year ago.
On Eastern Standard Time. Answer me tomorrow morning. I have spent so much time reading court decisions, checking Black's Law Dictionary and searching internet, I have to rest. I now have 26 pages of notes, to modify my already 46 page Appeal Brief. Before I send in my brief I am going to ask you to review it and make suggestions to make stronger ($250). Just answer my last question, Please. Roy
Expert:  socrateaser replied 1 year ago.

Okay, I'm back.

Re what you must prove in order to get an order to the IRS to take action, without reviewing the court's decision and your original complaint, I'm engaging in a bit of speculation here.

The “modern” zone of interests formulation originated as a limitation on the cause of action for judicial review under the Administrative Procedure Act (APA). Lexmark Int'l, Inc. v. Static Control Components, Inc., 134 S.Ct. 1377, 1388 (2014) (citing Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150 (1970). The APA grants federal court standing to any “person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute.” 5 U.S.C. § 702.

The Supreme Court has interpreted the APA standing language to require that the “interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question.” Association of Data Processing Service Organizations, Inc. v. Camp, supra, 397 U.S. at 153.

In the APA context, use of the word “arguably” indicates “the benefit of any doubt goes to the plaintiff” and the zone of interests test “forecloses suit only when a plaintiff's interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress authorized that plaintiff to sue.” Lexmark Int'l, Inc. v. Static Control Components, Inc., supra, 134 S.Ct. at 1389; see also Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 132 S.Ct. 2199, 2210 (2012) (zone of interests test in APA contexts is not “especially demanding”).

In short, if you can show that the IRS has not followed the law, and that you are injured by the IRS's failure, then you have made out a complaint for which relief may be granted.

Concerning what you must show on appeal, if you raised the above-described issues in the trial court, and the matter was decided against you, then you are entitled to appeal the decision.

Concerning my reviewing your brief, you need to contact me via email. Do not ask the question in this forum, because I will be unable to assist. I assume you still have the address. If not, I will send you an additional services offer, so that I can provide it to you again.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 1 year ago.
Hi Socrateaser
Thank you for the information on the APA. The question is about how do I word a statement, with case law, to make the Court rule on all, each set of facts I have identified. For instance, I say the patient's contract supersedes the contract between the healthcare provider and insurance company, because of the Parole Evidence Rule, I say the amount billed to the patient is a material fact, and cannot be changed because of the Parle Evidence Rule. I say the amount not collected, the difference between the amount billed and actual amount collected is a forgiveness of debt, and it is a kick back for steering insured members to the healthcare provider. I want all these statements affirmed by this Court.
Expert:  socrateaser replied 1 year ago.

I think this may be too difficult to answer in a public forum. You may want to cancel the question.

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