No. 22-5793

Thomas A. Forrest, et ux. v. United States

Lower Court: Federal Circuit
Docketed: 2022-10-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure due-process equitable-tolling internal-revenue-code judicial-precedent military-benefits military-retirees statutory-interpretation tax tax-recovery
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-01-20 (distributed 2 times)
Question Presented (AI Summary)

Whether the Supreme Court erred in their interpretation of the Internal Revenue Code

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Supreme Court erred in their interpretation of the Internal Revenue Code in United States v. Brockamp, 519 U.S. 347 (1997) by disallowing equitable tolling in all circumstances because they may not have been aware of the tension between two United States Codes (26 U.S.C. §6511(a) and 10 U.S.C. §1174(h)(1)) resulting in an adverse financial impact on a large group of taxpayers. 2. Whether the Brockamp decision will be overturned to allow equitable tolling for taxpayers caught between two United States Codes because of Brockamp’s precedent on lower court rulings. 3. Whether United States military retirees can obtain a fair outcome to recover taxes paid on funds that were later returned to the federal government. @ " @

Docket Entries

2023-01-23
Petition DENIED.
2023-01-05
DISTRIBUTED for Conference of 1/20/2023.
2022-12-22
Petitioners complied with order of December 5, 2022.
2022-12-05
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until December 27, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-03
Waiver of right of respondent United States to respond filed.
2022-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 7, 2022)

Attorneys

Thomas A. Forrest, et al.
Thomas A. Forrest — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent