No. 19-969

John M. Marshall, et al. v. Commissioner of Internal Revenue

Lower Court: Ninth Circuit
Docketed: 2020-02-03
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: creditor-rights federal-law property-transfer recharacterization state-law stern-v-commissioner tax-law tax-liability transaction-recharacterization
Latest Conference: 2020-02-28
Question Presented (from Petition)

Whether, when the true form of the transaction is at issue, the court must determine whether state law would permit a private creditor to collapse or recharacterize the transaction in analogous circumstances, or whether the court can instead look to federal law, state tax law, and/or the law of other states.

Question Presented (AI Summary)

Whether state law or federal law governs the recharacterization of a transaction for federal tax liability purposes

Docket Entries

2020-03-02
Petition DENIED.
2020-02-24
Brief amici curiae of Professors Mary Anderson and W. Brian Dowis filed. (Distributed)
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
2020-01-30
Petition for a writ of certiorari filed. (Response due March 4, 2020)
2019-12-17
Application (19A676) granted by Justice Kagan extending the time to file until January 30, 2020.
2019-12-16
Application (19A676) to extend the time to file a petition for a writ of certiorari from December 31, 2019 to January 30, 2020, submitted to Justice Kagan.

Attorneys

Commissioner of Internal Revenue
Noel J. FranciscoSolicitor General, Respondent
John Marshall, et al.
Robert Carton WeaverFoster Garvey P.C., Petitioner
Professors Mary Anderson and W. Brian Dowis
Nicole A. SaharskyMayer Brown LLP, Amicus