The United States Versus Loren C. Troescher
Final Chapter
On April 6, 1998, in all its majesty of the powers of title and office, the United States of America decided they had had enough of Loren C. Troescher. In a rare move, the United States, after filing an appeal in the Ninth Circuit Court of Appeals requested a voluntary dismissal of that appeal under the circumstances that they would never again be allowed to appeal the earlier finding of the Courts.
While this should probably be considered a favorable ending, what the United States achieved with this act was the elimination of what would have been an extreme embarrassment -- the picture of the United States of America, at this late stage in our judicial development, coming into Court arguing that well established principals concerning the Fifth Amendment of the US Constitution should be overthrown in favor of the IRS view of things -- that picture would have revealed, more than ever before, the desperate nature of the IRS at the lower level where they have not yet realized that the IRS is DEAD and only those fingers and toes which wiggle yet don't know that their days are doomed.
The last dying gasp of a giant slug could, indeed, engulf any number of real people. The death throes are not without consequence.
While Troescher, and Attorney Izen looked forward to this Appeal, it is certainly now true that they can go on to other matters of greater weight.
So, here now is the position of the United States Of America on April 6, 1998, relative to one citizen -- Loren C. Troescher, champion for liberty in America.
In The United States Court Of Appeals
For The Ninth Circuit
| United States Of America Petitioner-Appellant v. Loren C. Troescher, Respondent-Appellee |
No. 98-55487 |
MOTION FOR VOLUNTARY DISMISSAL OF APPEAL
The United States of America, appellant herein, by its counsel, and pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, respectfully moves this Court for voluntary dismissal of the appeal in the above-entitled case, and, in support of this motion, counsel states as follows:
1. The Solicitor General has decided that the appeal taken by the United States in this case will not be prosecuted.
2. Joe Alfred Izen, Jr., Esquire, counsel for the appellee, has advised that he has no objection to the granting of this dismissal motion upon the stated terms.
WHEREFORE, it is respectfully requested that the appeal taken by the United States from the order denying the motion to compel entered on December 30, 1997, by the united States District Court for the Central District of California in the above-entitled case be dismissed with prejudice, each party to bear his own appellate costs and appellate attorneys' fees incurred in this Court, that an order of dismissal be made and entered by the Clerk of this Court, and that notification of the entry of such order be transmitted to the Clerk of the District Court and to the parties.
JOHN A. DUDECK, JR
Attorney:
Appellate Section
Tax Division
Department of Justice
Post Office Box 502
Washington, D.C. 20044
(202) 514-3026
Counsel for the Appellant
Dated: April 6, 1998
The Ninth Circuit Court of Appeals has accepted the request for dismissal, with predjudice, by the government, and has issued (on April 20, 1998) its ORDER that the case is dismissed.
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