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John J. Tatar v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 17-2088 · judgment April 24, 2018


Certiorari denied · January 7, 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

Did Petitioner—Tatar when he filed his Form(s) 843, Claim(s) for Refund concerning the tax years 1996 through and inclusive to 2010, with the Respondent - Internal Revenue Service located in Fresno, California with such document being dated and sent February 14, 2016, carry his "burden of proof' as to his contention for such Claim(s) for Refund that he incurred "no tax due and owing" concerning each tax year in question, such claim being supported in the filed document his Memorandum in support thereof? Was the "burden of proof' thereby "shifted" to the Respondent concerning Petitioner's administrative Claim(s) for Refund, but was never rebutted in any way shape or form by the RespondentInternal Revenue Service? If such "burden of proof' was indeed "shifted" to the Respondent, was the Respondent thereby technically and by the "rule of law" in default and thus required to respond to such Memorandum, point by point, in the ensuing Complaint filed by the Petitioner in the U.S. District Court? In the criminal tax case of United States v Tommy Cryer, Case No. 06-50164-01(2007), when Defendant-Cryer submitted his Memorandum (Proof) in support of his Motion to Dismiss, 3-felony count indictments for "tax evasion", which were subsequently dismissed by the U.S. District Court in Louisiana; now that this Petitioner-Tatar having submitted a similar Memorandum as Proof of his

Counsel of record

For petitioner
John Joseph Tatar

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 18 2019
    Rehearing DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Jan 28 2019
    Petition for Rehearing filed.
  4. Jan 07 2019
    Petition DENIED.
  5. Nov 28 2018
    DISTRIBUTED for Conference of 1/4/2019.
  6. Nov 19 2018
    Waiver of right of respondent United States to respond filed.
  7. Oct 11 2018
    Petition for a writ of certiorari filed. (Response due December 10, 2018)