A non-jury trial over a man's false filings with the Internal Revenue Service (IRS) that left one couple allegedly bankrupt will take place in February.
It had been scheduled to begin Nov. 23.
The trial was continued at the defendant's request. The defendants are seeking to add another party to the case.
The new non-jury trial is set for Feb. 22, 2010, according to the entry in the court docket.
Plaintiffs Glen Suschanke Jr. and Tabitha Suschanke are suing Patrick Woods and several of his companies for allegedly reporting that Glen Suschanke earned tens of thousands of dollars from Woods' companies over the span of a decade.
The Suschankes' claim that Glen never worked for Woods or his companies and that he never earned the income the IRS has sought to tax.
The Suschankes argue that they have been forced to declare bankruptcy, close bank accounts, have seen their credit ruined and have suffered emotional distress due to Woods' actions. They claim that they contacted Woods asking him to cease reporting the non-existent income as did their accountant and attorney.
Although damages are unspecified in the suit, the couple seeks payment of their legal fees for both the suit and their IRS legal issues, payment of the taxes and penalties they have suffered and other relief.
The plaintiffs are represented by David Damick.
The defendants are represented by William Starnes II.
Madison County Circuit Judge Daniel Stack is presiding.
The case is Madison case number 08-L-455.