1. Home
  2. Taxes General Forum
  3. Re: In the news: U.S. Supreme Court grants certiorari for "tax protester" claim.

Re: In the news: U.S. Supreme Court grants certiorari for "tax protester" claim.

> No. 12-6169

>> Title: Jeffrey Thomas Maehr, Petitioner v. Commissioner of Internal Revenue >> Docketed: September 11, 2012 >> Lower Ct: United States Court of Appeals for the Tenth Circuit >> Case Nos.: (11-9019) >> Decision Date: May 17, 2012 >> Rehear Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2012)

It's just another petition, with about a 99.9% chance of being denied. Or they might deny his motion for leave to proceed and not bother to deny cert.

R's, John

Reply to
John Levine
Loading thread data ...

Quite the opposite. Wikipedia (yes, we know, but it happens to be footnoted and true) notes that about 2/3 of cert petitions to the Supreme Court are in forma pauperis, mostly from prisoners, and they are much less likely to be granted than normal petitions.

For more than you probably wanted to know about this topic, see:

formatting link
77522 R's, John

Reply to
John Levine

"D. Stussy" wrote

Not being a "like kind" exchange it gives rise to a reportable transaction where one party receives cash @ $X value in exchange for labor @ $0 basis. Income is reportable and taxable.

Reply to
paulthomascpa

For your info: this case was ACCEPTED by the USSC. The IRS has already waived it's right to respond. So much for your assumption that it would be denied, or do you really think they pulled it from 999 others in a hat?

Reply to
Dean

formatting link
> johnl wrote:

Docket shows Distributed for Conference, does not yet show petition granted or denied.

Reply to
paultry

There's no such thing as "accepted" by the USSC, either in upper or lower case. Other than a few exotic cases which they have to hear, and which this isn't, they either agree to grant certiorari or they don't.

If you'd clicked that link, you'd know that it's currently docketed to be considered at conference next week to decide whether SCOTUS will grant certiorari. I'd be rather surprised if they did.

The fact that the IRS waived response most likely means that they think there is no chance the court will take the case, so why waste staff time on a response.

R's, John

Reply to
John Levine

BeanSmart website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.