No. 22-1076

Online Merchants Guild v. Nicolas Maduros, Director, California Department of Tax and Free Administration

Lower Court: Ninth Circuit
Docketed: 2023-05-05
Status: Denied
Type: Paid
Response Waived
Tags: cic-services-llc-v-internal-revenue-service comity-doctrine direct-marketing-association-v-brohl federal-jurisdiction information-demands online-merchants putative-taxpayer state-tax-demands tax-injunction-act third-party
Key Terms:
DueProcess
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Whether the Tax Injunction Act applies differently based on whether the plaintiff is a putative taxpayer or a third-party

Question Presented (OCR Extract)

question presented is: whether the Tax Injunction Act applies differently based on whether the plaintiff is a putative taxpayer or a “third party.” 2. As an alternative holding, the Ninth Circuit ruled that the comity doctrine supported discretionary abstention. Under this Court’s precedents, federal courts may not abstain if the plaintiff lacks an adequate remedy for their federal injury in state court. Unlike the states generally, California courts are prohibited by state law from entertaining claims challenging information li QUESTIONS PRESENTED—Continued demands; California courts may only hear refund requests. The Ninth Circuit held that “remedy” is sufficient. The second question presented is: whether plaintiffs who cannot challenge tax information demands in state court have an adequate remedy to challenge those demands in state court.

Docket Entries

2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-22
Waiver of right of respondent Nicolas Maduros, Director, California Department of Tax and Fee Administration to respond filed.
2023-05-03
2023-03-14
Application (22A811) granted by Justice Kagan extending the time to file until May 3, 2023.
2023-03-13
Application (22A811) to extend the time to file a petition for a writ of certiorari from April 3, 2023 to May 3, 2023, submitted to Justice Kagan.

Attorneys

Nicolas Maduros, Director, California Department of Tax and Fee Administration
Michael SapoznikowCalifornia Department of Justice, Respondent
Michael SapoznikowCalifornia Department of Justice, Respondent
Online Merchants Guild
Aaron Karl BlockThe Block Firm LLC, Petitioner
Aaron Karl BlockThe Block Firm LLC, Petitioner