No. 18-51

Brad Francis, et ux. v. Commissioner of Internal Revenue

Lower Court: Eighth Circuit
Docketed: 2018-07-10
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-procedure due-process eighth-circuit jurisdictional-review personal-jurisdiction standing subject-matter-jurisdiction tax tax-court
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Did the Eighth Circuit have jurisdiction to adjudicate Case No. 17-3679?

Question Presented (OCR Extract)

Questions Presented For Review This is a call for the Court to exercise its supervisory power over the lower courts: Specifically, this case seeks review of the Eighth Circuit Court of Appeals’ tacit sanctioning of the United States Tax Court’s refusal to address the Francis’ Family’s challenges to subject matter jurisdiction and to personal jurisdiction on the merits before proceeding with adjudication of a redetermination of deficiency. The central issue before the Court is the proper exercise of jurisdiction. 1. Did the Eighth Circuit have jurisdiction to , adjudicate Case No. 17-3679? 2. Did the Eighth Circuit’s dismissal for lack of jurisdiction deny the Francis’ Family with due process of law by abusing Eighth Circuit Rule ATA(b)? ii

Docket Entries

2018-10-01
Petition DENIED.
2018-07-25
DISTRIBUTED for Conference of 9/24/2018.
2018-07-16
Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
2018-07-02
Petition for a writ of certiorari filed. (Response due August 9, 2018)

Attorneys

Brad Francis, et al.
Brad S. Francis — Petitioner
Commissioner of Internal Revenue
Noel J. FranciscoSolicitor General, Respondent