On August 28, 2019 the Sixth Circuit denied our petition for en banc review by two votes with 9 judges voting against us and 7 voting for us. However, we are thrilled to have received a compelling dissenting opinion in our favor in which those 7 judges expressed severe doubts about the soundness of the original 2-1 panel decision against us and indicated their strong preference to rehear the case en banc. Even one of the judges who concurred on technical grounds with the majority opinion denying our petition for en banc review wrote separately to say that the Sixth Circuit panel’s original 2-1 decision against us was almost certainly wrong.
Our battle to curtail IRS abuse of law-abiding taxpayers is not over. We will be asking the Supreme Court to hear our case. We hope that it will do so and, based on its 9-0 precedent in the Direct Marketing case, we expect to win if it does.
Statement by Sean King, JD, CPA, MAcc, Principal and In House Counsel, CIC Services, LLC