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Lorina G. Delfierro v. Pensco Trust Company, fbo Jeffrey D. Hermann

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35644 · judgment April 19, 2018


Certiorari denied · January 14, 2019
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 Internal Revenue Code 26 US 408 requires a Custodian for a Self-Directed IRA to Operate in Commerce and the Contractual Arrange - ment Between the Self-Directed IRA Custodian and the Self-Directed IRA Beneficiary Clearly Establishes a Custodial Arrangement Rather than a Trustee arrangement. Does the Formulated Plan/Account, Name as "Custodian For Benefit of the Beneficiary IRA Account Number" Have the Requisite Article III Standing to Invoke the Jurisdiction of the Court on Litigation Over a Plan/Account Asset Consisting of an Assignment of a Promissory Note Purchased by the Beneficiary of the Self-Directed IRA Without Joining the Beneficiary? Did the Ninth Circuit Violate Petitioner's Due Process Rights as Guaranteed by the 5th and 14th Amendment by Recognizing a Plan/Account in the Caption, Name as 'Custodian For Benefit of the Beneficiary IRA Account Number" as the Self Directed IRA Custodian Having the Requisite Standing to Invoke the Jurisdiction of the Court, Rather than the Account Beneficiary "For Benefit Of' the Account, When the Contractual Arrangement Between the Custodian and Beneficiary Clearly Establishes a Custodial Arrangement rather than a Trustee arrangement, and the Beneficiary Has Expressly Indemnified the Custodian?

Counsel of record

For petitioner
Lorina G. Delfierro

For respondent
Kimberly Hood
Aldridge Pite

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 11 2018
    Waiver of right of respondent Pensco Trust to respond filed.
  4. Nov 05 2018
    Petition for a writ of certiorari filed. (Response due December 10, 2018)