Catch 22 Lives

CrazyBirdWe live in a complicated world. This blog as I keep reminding everyone is fiction. Often I find inspiration from the events occurring in the real world. But all that I say here is merely my creative musings and interpretations of what goes on outside of and inside my head.

Many years ago I saw Catch-22. It was not one of my favorites but I was fascinated by what it had to say. I no longer remember it clearly but I believe I have the gist of the concept.

There was only one catch and that was Catch-22, which specified that a concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind. [Bomber pilot] Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. … Yossarian was moved very deeply by the absolute simplicity of this clause of Catch-22 and let out a respectful whistle.

The part of reality this fiction is based on is our trial date with the United States Tax Court (USTC) set to be heard near the end of this month in that town where cable cars climb halfway to the stars. The IRS used its muscle and legal right to issue an NOD without due process. Something that I discussed with a tax advocate. She seemed to agree that it was legal but wrong and in fact she said that was at the heart of why Congress created their organization. But then Congress created the USTC too.

Apparently when you are in an audit with the IRS your records are totally confidential. However in dealing with the USTC they are public. There is some allowance for the redaction of certain information. But what of my clients and where I go and things I prefer to keep secret?

More importantly what of Miranda?

Do we have to be criminals to be defended against the actions of the government? We have been affected by the Great Recession along with everyone else. We find ourselves unable to afford an attorney. We certainly cannot afford to pay the IRS the $15K it has created by the blind disallowance of deductions. I have examined the tax code and determined that I am not qualified to do a Pro Se case. We have been waiting over six months for voluntary assistance from an attorney qualified to deal with the IRS and that assistance has not materialized.

What the government through Congress has done is setup a Catch 22. If you are a criminal or at least in a criminal case you have the right to an attorney. If you cannot afford an attorney then the court will appoint one for you. But what if you live an honest life and cannot afford an attorney? We are among those Catch 22 Lives!