Olson says he doesn't know what he would have done without Farm Rescue's help.
Mr. Olson said he couldn't give a specific date but he said courts have never required that kind of precision.
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And because this type of exemption and others like it aren't applied automatically, Olson estimates that many taxpayers are paying more than they owe.
But, Olson also warns, taxpayers shouldn't expect a deal simply because, for example, taxing phantom option profits doesn't sound fair.
But Olson says many of these new investors aren't "Wall Street Survivor" champions like Halverson, but people who never thought much about the market.
"In this instance, the EPA is saying carbon dioxide is not a pollutant, and even if it was, we don't know enough yet to deal with it, " Olson says.
To Olson's argument, Tribe replied that the Florida justices weren't writing new code but merely interpreting conflicting Florida statutes. (One sets a tight deadline for certification and the other allows hand recounts, which can take a long time.) And anyway, Tribe argued in his typically agile brief, the electoral-count law simply offers incentives to states who follow its provisions--but doesn't punish them if they don't.
Still, expanding this authority won't necessarily prevent all erroneous refunds, noted National Taxpayer Advocate Nina Olson.
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"We're going to court because people shouldn't have to surrender their fundamental rights to a popular plebiscite, " Olson said.
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"Its easy to make the case that the local culture of judges and juries hasn't changed, even if appellate review is going to change the ultimate results, " said Olson.
By the chief justice's logic, the court could have told Mildred and Richard Loving that "'you can't get married, but you can have an interracial union, ' " Mr. Olson said.
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