🚀 go-pugleaf

Richard J. Sexton wrote:
> 
> At 01:45 PM 4/10/98 -0400, Gordon Cook wrote:
> >Tony Rutkowski wrote: On the positive side, they underscore Ira's concerns
> >about the critical importance of the NPRM proceeding as a means of
> >establishing a lawful foundation for administrative functions,
> >
> >Cook: it's true we are on unchartered ground, but if the foundation that is
> >being laid includes, what looks to me to be, willful failure on behalf of
> >the DOJ to defend the actions of a federal agency such that skillful
> >attornies are incented to try class action suits I want no part of it. THE
> >US GOV'T MAKES BODE A MULTIMILLIONAIRE TO TEACH NSF A LESSON?  IS THIS THE
> >CIVICS OF THE NEW Internet!?
> 
> Bo, thats just the way the US legal system works and has nothing
> to do with the Interent.
> 
> Is the USG going to appeal this ? Can they ? This is a travesty
> of the worst order.
> 
Actually, it might be easier for the USG (actually Congress) to
retroactively ratify the tax.   If Congress ratifies the tax, the
judgement becomes sorta moot.  Judge Hogan recognized this specifically
in the decision.

Now, I don't know if the judgement is a travesty or not.  People have
been saying that the $30 is an illegal tax for a long time. All Bode did
was take the time to file papers, something anyone else could have done
a long time ago.  The only difference is Bode waited until there was
some money in the pot.  If there's a travesty, (and I'm not sure there
is) its sitting on a timebomb without doing something (like asking
congress to ratify the tax).

FYI, it is important to remember that in an appeal, you don't have a
guarantee of winning.  You could just lose again.  I'm not an expert on
this subject, but enough experts say the judge was right for it to be a
difficult ruling to appeal.  Remember the Boston Tea Party (no I wasn't
there. I'm not that old.)?  The US constitution has very strong
provisions regarding taxation in part because of the context at the
time.  So don't count on an appeal to 'magically' make this go away.

Also, before rushing off to appeal, remember that all of this 'stuff'
happened at the motion stage.  Bode still needs to get class
certification in order to 'collect' big-time.  Right now he has just won
the right to a refund for his named plaintiffs.  There's no need to
appeal a decision that applies only to a handful of plaintiffs.  If/when
Bode get class certification for the case, it becomes more important.

FWIW, I'm not putting the $30 US into my accounts receivable file right
away.  Lots can happen.

Dan Steinberg
MBA LLB BSc		

SYNTHESIS:Law & Technology
Box 532, RR1		phone: (613) 794-5356
Chelsea, Quebec		fax:   (819) 827-4398
J0X 1N0			e-mail:dstein@travel-net.com