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Brad Francis, et ux. v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-3679 · judgment January 29, 2018


Certiorari denied · October 1, 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

This is a call for the Court to exercise its supervisory power over the lower courts: Specifically, this case seeks review of the Eighth Circuit Court of Appeals' tacit sanctioning of the United States Tax Court's refusal to address the Francis' Family's challenges to subject matter jurisdiction and to personal jurisdiction on the merits before proceeding with adjudication of a redetermination of deficiency. The central issue before the Court is the proper exercise of jurisdiction. Did the Eighth Circuit have jurisdiction to adjudicate Case No. 17-3679? Did the Eighth Circuit's dismissal for lack of jurisdiction deny the Francis' Family with due process of law by abusing Eighth Circuit Rule 47A(b)?

Counsel of record

For petitioner
Brad S. Francis

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 25 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 16 2018
    Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
  4. Jul 02 2018
    Petition for a writ of certiorari filed. (Response due August 9, 2018)