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Commissioner of Internal Revenue v. Jennifer Zuch

Paid petition · United States Court of Appeals for the Third Circuit, No. 22-2244 · judgment March 22, 2024


Decided · June 12, 2025
Pre-decision estimate: 26% cert probability (95% interval 18%–37%)

Before the decision, about 6.4× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Third Circuit decision below.

Question presented

Whether a proceeding under 26 U.S.C. 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes becomes moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding.

Counsel of record

For petitioner
Brian Halligan Fletcher
Department of Justice

For respondent
Shay Dvoretzky
Skadden, Arps, Slate, Meagher & Flom LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
4 merits
(4 respondent)

Argument & decision

Argued April 22, 2025 — Erica L. Ross · Shay Dvoretzky. Audio and transcript

Decided June 12, 2025. Opinion by Barrett.

Proceedings

  1. Aug 05 2025
    Record returned to the United States Court of Appeals for the Third Circuit.
  2. Jul 14 2025
    Judgment Issued.
  3. Jun 12 2025
    Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion.
  4. Apr 22 2025
    Argued. For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
  5. Apr 11 2025
    Reply of petitioner Commissioner of Internal Revenue filed. (Distributed)
  6. Mar 24 2025
    Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
  7. Mar 24 2025
    Brief amicus curiae of A. Lavar Taylor filed. (Distributed)
  8. Mar 24 2025
    Brief amici curiae of National Taxpayers Union Foundation, et al. filed. (Distributed)
  9. Mar 24 2025
    Brief amicus curiae of Center for Taxpayer Rights filed. (Distributed)
  10. Mar 19 2025
    CIRCULATED
  11. Mar 17 2025
    Brief of respondent Jennifer Zuch filed.
  12. Mar 07 2025
    Record received from the United States Court of Appeals for the Third Circuit and available electronically with the Clerk.
  13. Feb 26 2025
    Record requested from the United States Court of Appeals for the Third Circuit.
  14. Feb 24 2025
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  15. Feb 24 2025
    SET FOR ARGUMENT on Tuesday, April 22, 2025.
  16. Feb 14 2025
    Brief of petitioner Commissioner of Internal Revenue filed.
  17. Feb 06 2025
    Motion to dispense with printing the joint appendix filed by petitioner Commissioner of Internal Revenue.
  18. Jan 10 2025
    Petition GRANTED.
  19. Dec 24 2024
    DISTRIBUTED for Conference of 1/10/2025.
  20. Dec 23 2024
    Reply of petitioner Commissioner of Internal Revenue filed. (Distributed)
  21. Dec 19 2024
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
  22. Dec 16 2024
    Brief of respondent Jennifer Zuch in opposition filed.
  23. Oct 17 2024
    Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2024.
  24. Oct 15 2024
    Motion to extend the time to file a response from November 14, 2024 to December 16, 2024, submitted to The Clerk.
  25. Oct 11 2024
    Petition for a writ of certiorari filed. (Response due November 14, 2024)
  26. Sep 12 2024
    Application (24A256) granted by Justice Alito extending the time to file until October 11, 2024.
  27. Sep 11 2024
    Application (24A256) to extend the time to file a petition for a writ of certiorari from September 24, 2024 to October 11, 2024, submitted to Justice Alito.