On Thursday, February 24, I drove from Bigfork to Helena – a 3.5-hour scenic drive each way – to participate in the mediation between me and Montana’s DOR.
The mediation took 2 hours. The mediation judge was fair and not partial to DOR. We focused on accounting rules and data.
I got everything I asked for. Montana now recognizes “Ed Berry LLC” as a for-profit R&D business. Now, I can spend 100% of my work time on my business.
I cannot get back the nine months of time I spent on this DOR issue. Like everyone else, I have only 24 hours every day. DOR apologized for taking so much of my time.
However, I will recover from that time loss with the new products and services I plan for 2022.
You will get more emails from me, and I think you will like what I will offer you in 2022.
My sincere thanks to all of you who supported me and purchased my products in 2021.
On February 24, the State of Montana will try to shut down Dr. Ed Berry’s climate business
Dr. Ed Berry moved from California to Montana in 2008.
In 2011, he led the fight that stopped the “Our Children’s Trust” climate petition in Montana’s Supreme Court, thereby saving the State of Montana millions of dollars per year in perpetuity.
His testimonies in the Montana Legislature stopped more Democrat-sponsored climate bills, saving Montana more money.
According to attorney Quentin Rhoades, the 2011 Montana Supreme Court ruling makes it illegal in the State of Montana for any person paid by the Montana government, university, college, school, DOR, etc., to teach or assume that human CO2 causes dangerous climate change.
In January 2017, Dr. Berry began his 5-year research project.
His goal was to prove human carbon emissions do not cause all the increase in atmospheric carbon dioxide, as the UN Intergovernmental Panel on Climate Change (IPCC) and all climate alarmists claim.
On December 14, 2021, he successfully completed his 5-year research goal, with the publication his landmark peer-reviewed paper, “The Impact of human CO2 on atmospheric CO2.”
His paper proves IPCC’s core climate theory, and all climate alarmism, are based on the scientific fraud that human carbon emissions cause all the increase in atmospheric carbon dioxide.
This fraud is the basis of all climate treaties, laws, regulations, teaching, and taxes.
Montana, even after its 2011 Supreme Court ruling, still teaches this climate fraud to its students.
Montana attacks Dr. Berry’s climate business.
As a result of his opposition to theri climate fraud, climate-change believers would like to disappear Dr. Ed Berry. He expected to have enemies in the private world due to his scientific position that contradicts the dominant climate confusion.
However, he never expected climate alarmists would use taxpayer money and government power to try to shut down his climate business.
On July 20, 2020, Montana’s Department of Revenue (DOR) began its “audit” of Dr. Berry’s single-person climate business.
DOR’s “audit” conscripted his professional time to work on his business during August, September, November, and December of 2020, and January and February of 2021.
In April 2021, DOR wrote it found no errors in his bookkeeping, but “determined” without giving any adequate reasons, that his business was “not for profit” and, therefore, disallowed all his business expenses since January 2017.
DOR spent more money trying to disappear Dr. Berry than it would receive if its claims against Dr. Berry were true. No matter what the outcome, DOR’s attack is a net loss for DOR and Dr. Berry.
Since DOR’s “determination” is factually false, Dr. Berry appealed DOR’s determination. This appeal conscripted his professional time for May and June of 2021.
On December 8, 2021, DOR’s letter, under the letterhead of Governor Greg Gianforte and DOR Director Brendan Beatty, rejected Dr. Berry’s June appeal.
Director Beatty knows about Dr. Berry’s appeal because a Montana Senator informed him of this in June 2021. So, it does not matter whether he is a Republican, Director Beatty is working for the Democrats.
Dr. Berry does not say this because he wants a favor. He says it because this DOR attack is not an audit. It is a lynching!
Since DOR’s December 2021 letter rejects facts and uses fraud, lies, and illogical reasoning, Dr. Berry hired an attorney and appealed this DOR’s December letter.
DOR will mediate his appeal beginning at 1:00 pm on Thursday, February 24, 2022.
DOR’s December 2021 letter reeks of a personal attack on Dr. Berry.
DOR has attacked Dr. Berry over his business “intent.” Intent may be the most elusive legal attack one can make because it claims to read the defendant’s mind, or worse, to rule whatever it wishes, and to hell with the defendant’s true intent.
DOR ignores that his book, Climate Miracle, and its included advertising of his services, proves Dr. Berry’s intent is “for profit.” DOR ignores many other facts that prove his intent is for profit. He has been in the for-profit business since 1965 and his “intent” did not change when he moved to Montana.
You will learn the details about this DOR attack soon.
Since the mediation preparations are confidential, Dr. Berry cannot tell you more details at this time.
After the mediation, he will show DOR’s December letter and his responding mediation statement (with redactions) on his website. You will see how DOR’s December letter belittles Dr. Berry and his climate research and has the same tone that climate alarmists use when they attack him personally in their public opinion letters.
Then you will be able to judge for yourself whether the State of Montana has treated Dr. Berry fairly or unfairly.
The intent in question is the intent of those who “control” Montana’s DOR.
The State of Montana conscripted nine months of his professional time (40 weeks at 40 hours per week at $300 per hour), irreversibly and severely damaging his climate business, and cost him the opportunity to properly market his products and services.
The State of Montana also damaged Montana’s reputation for being a good state for a small private R&D business, and it lost the opportunity to use Dr. Berry’s time to help the State of Montana.
Montana could have contracted with Dr. Berry to tell the climate truth, according to Montana’s Supreme Court, to students in its universities, colleges, high schools.