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Joe Alfred Izen, Jr. v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-60679 · judgment June 29, 2022


Certiorari denied · April 24, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether equitable tolling may extend substantiation evidence gathering deadlines under I.R.C. § 170(f )(12).

  2. Whether Congress lacks the power to delegate unbridled discretion to the Commissioner to refuse to promulgate regulations which provide equitable relief from filing deadlines in appropriate cases.

  3. Whether in a statutory scheme conflicting provisions must be construed and applied, if possible, so that both competing purposes can be realized.

  4. Whether Petitioner was entitled to a hardship exemption under I.R.C. § 170(f )(11).

  5. Whether the Petitioner Izen was entitled to summary judgment because the Commissioner failed to present controverting evidence supporting his claim that a charitable deduction was never made and that the charitable deduction had no value.

Counsel of record

For petitioner
Joe Alfred Izen Jr.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A520

Proceedings

  1. Apr 24 2023
    Petition DENIED.
  2. Apr 05 2023
    DISTRIBUTED for Conference of 4/21/2023.
  3. Mar 28 2023
    Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
  4. Feb 23 2023
    Petition for a writ of certiorari filed. (Response due March 29, 2023)
  5. Dec 14 2022
    Application (22A520) granted by Justice Alito extending the time to file until February 27, 2023.
  6. Dec 09 2022
    Application (22A520) to extend the time to file a petition for a writ of certiorari from December 29, 2022 to February 27, 2023, submitted to Justice Alito.