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Gary S. Christensen v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-10355 · judgment April 22, 2021


Certiorari denied · October 12, 2021
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

Where no determination of federal tax liability has been made by the IRS and the court of appeals has ruled patently contrary to this court's decision in Return Mail, Inc. v. United States Postal Serv., 139 S.Ct. 1853 (2019) and contrary to its own precedent in United States v. Green, 735 F.2d 1203 (9th Cir. 1984) and United States v. Batson, 608 F.3d 630 (9th Cir. 2010), does such a radical departure from binding precedent warrant Supreme Court's supervisory intervention to confine trial courts’ jurisdiction in criminal tax cases to those functions delegated to Congress by the Sixteenth Amendment, which does not include the authority to ascertain, compute, and collect federal income taxes through restitution, as that activity is statutorily relegated to the Dept, of Treasury, but which nation wide practice routinely deprives criminal defendants of equal protection and due process of law?

Counsel of record

For petitioner
Gary Steven Christensen

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 12 2021
    Petition DENIED.
  2. Sep 22 2021
    DISTRIBUTED for Conference of 10/8/2021.
  3. Sep 21 2021
    Waiver of right of respondent United States to respond filed.
  4. Aug 25 2021
    Petition for a writ of certiorari filed. (Response due October 4, 2021)