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Originally Posted by David Merrill
The DOJ failed to amend the action. Why not just amend the complaint?
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Unlike a civil action, this "complaint" was predicated on an indictment which was voted by a grand jury that had gotten the wrong figures from the IRS.
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Originally Posted by David Merrill
I do not believe that is the cause of the Lawrence Dismissal - and I have not believed anything of the like since I read Demosthenes' thread DOJ dismisses case against tax protestor on Quatloos.
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I was the first to report the given reason for DOJ's voluntary dismissal of its own action.
Because the (original) prosecution was based on a misinformed indictment (it has the wrong figures for taxes owed) it was dropped permanently. But a new prosecution for the same years of unpaid taxes could still be brought, this time based on correct calculations.
Just because the DOJ doesn't spring into action on it as quickly as you might want doesn't meant it won't happen. Part of the delay might be the IRS triple-checking the figures this time. It is also possible that the supposed appeal by Lawrence to the circuit court for attorneys' fees has delayed a renewed prosecution in the lower court. It is also possible (but unlikely) that the renewed prosecution is being postponed while Lawrence's side is negotiating with the IRS to pay off all or part of his tax debt to avoid another prosecution.