Supreme Court Report

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David E. Stone, et al. v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 22-13217 · judgment November 17, 2023


Certiorari denied · April 1, 2024
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for an Eleventh Circuit decision below, counsel who has filed here before, and a petition filed soon after the judgment below.

Question presented

Whether the Commissioner, as an arm of the executive branch, has absolute discretion and sovereign immunity under the Administrative Procedure Act to decline to collect billions of dollars in income taxes on bundled mortgages that are otherwise taxable under the Internal Revenue Code?

Counsel of record

For petitioner
Robert Jeffrey Hauser
Sniffen & Spellman, P.A.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Federal Taxation (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, April 1, 2024 · Certiorari denied

Proceedings

  1. Apr 01 2024
    Petition DENIED.
  2. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  3. Mar 05 2024
    Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
  4. Feb 15 2024
    Petition for a writ of certiorari filed. (Response due March 22, 2024)