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Robert F. Batsch, et al. v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-4183 · judgment August 10, 2017


Certiorari denied · March 5, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

When the parties to a case do not reach a bilateral agreement to one party's proposed stipulation of facts and exhibits and the United States Tax Court deemed the proposed unilateral facts and exhibits stipulated for purposes of these cases, which prior to trial, is received as facts and evidence that is the basis for the courts jurisdictional finding of facts and decision in favor of respondent; is it a violation of the fundamental right of due process, an abuse of power? Where jurisdiction is challenged and the lower courts fail to address the contested jurisdiction and fail to apply the appropriate rule of law to determine whether jurisdiction is or is not authorized by the Constitution and statute; does the court of first instance, United States Tax Court, have jurisdiction in accord with the rule of law? Whether the decision of the lower courts is proper when they did not apply the rule of law to determine if the statutes is or is not violated?

Counsel of record

For petitioner
Robert F. Batsch

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 05 2018
    Petition DENIED.
  2. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  3. Feb 05 2018
    Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
  4. Jan 08 2018
    Petition for a writ of certiorari filed. (Response due February 26, 2018)