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