“ANSWER TO DOJ COUNTERCLAIM”

 

 

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

 

                                                          )

Harold D. L.,                                 )

Sherrie K. L.,                                )       

                                                          )

          Plaintiffs/Counterdefendants, )

v.                                                       )           CIVIL CASE NO: 1:08-cv-00849

                                                          )       

UNITED STATES,                              )

                                                          )

          Defendant/Counterclaimants.          )

                                                          )                                   

___________________________________

 

PLAINTIFFS’ ANSWER TO DEFENDANTS’ COUNTERCLAIM

 

First Defense

According to Title 18, § 1346, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

In the Counterclaim, and all their allegations, Defendants failed to provide the statutory basis, the specific provisions of the Internal Revenue Code, under which they found Plaintiffs to be liable.  In the absence of these provisions, Defendants’ allegations are based on dishonesty and fraud.

 

Second Defense

Plaintiffs respond, by their undersigned counsel, to the numbered paragraphs in Defendants’ counterclaim as follows:

 

60.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 60.  As of yet, Plaintiffs are not in the possession of information that would verify that the balances owed are valid or lawful.

61.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 61.

62.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 62.  As of yet, Plaintiffs are not in the possession of information that would verify that interest and/or penalties received supervisory approval.

63.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 63.  As of yet, Plaintiffs are not in the possession of information that would verify that the assessments are valid or lawful.

64.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 64.  As of yet, Plaintiffs are not in the possession of information that would verify the validity or lawfulness to Defendants’ allegations as to Plaintiff’s tax liability.

 

Third Defense

65.       

66.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 66.  Plaintiffs do not recall filing any returns that can be justified to be “frivolous.”  As of yet, Plaintiffs are not in the possession of information that would verify that the balances owed are valid or lawful.

67.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 67.

68.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 68.  As of yet, Plaintiffs are not in the possession of information that would verify that interest and/or penalties received supervisory approval.

69.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 69.  As of yet, Plaintiffs are not in the possession of information that would verify that the assessments are valid or lawful.

70.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 70.  As of yet, Plaintiffs are not in the possession of information that would verify the validity or lawfulness to Defendants’ allegations as to Plaintiff’s tax liability.

 

Fourth Defense

71.       

72.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 72.  Plaintiffs do not recall filing any returns that can be justified to be “frivolous.”  As of yet, Plaintiffs are not in the possession of information that would verify that the balances owed are valid or lawful.

73.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 73.

74.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 74.  As of yet, Plaintiffs are not in the possession of information that would verify that interest and/or penalties received supervisory approval.

75.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 75.  As of yet, Plaintiffs are not in the possession of information that would verify that the assessments are valid or lawful.

76.       Lack sufficient information or knowledge to admit or deny the allegations contained in paragraph 76.  As of yet, Plaintiffs are not in the possession of information that would verify the validity or lawfulness to Defendants’ allegations as to Plaintiff’s tax liability.

 

WHEREFORE Plaintiffs request from this Honorable Court that Defendants’ allegations be dismissed and Plaintiffs be granted the relief requested, along with fees, costs, and other relief the Court deems appropriate.

Respectfully submitted,

_/s/  Patriot Attorney___________________                              May 18, 2009

Cary, NC 27518

 

 

CERTIFICATE OF SERVICE

I hereby certify that on or about May 18, 2009 a true and correct copy of the foregoing document was served upon the following via the Court’s ECF filing Protocol:

 

Benjamin J. Weir, Esq.

Tax Division

Department of Justice

 

 

__/s/Patriot Attorney________