No. 23-6828

Warren J. Levering v. Nebraska

Lower Court: Nebraska
Docketed: 2024-02-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: chevron-deference child-support economic-impact-payments federal-statutory-construction statutory-interpretation tax-law tax-refund treasury-offset-program
Key Terms:
AdministrativeLaw Securities
Latest Conference: 2024-04-12
Question Presented (AI Summary)

Did the Nebraska Supreme Court violate the U.S. Supreme Court's rules of Federal statutory construction?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Did the Nebraska Supreme Court violate the U.S| Supreme Court's rules of Federal statutory construction by construing 26 U.S.C. §6428A to NOT exempt the $600 EIP payment from offset for past due child support payments through the Treasury Offset Program (26 U.S.C. §6402(c)) when paid as a "tax" refund? Subsidiary question fairly included; Rule 14.1(a): Did the Nebraska Supreme Court improperly give (Chevron) deference to the Treasury Department's improper interpretation of 26 U.S.C. §6428A?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-28
DISTRIBUTED for Conference of 4/12/2024.
2024-03-25
Waiver of right of respondent Nebraska to respond filed.
2024-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 27, 2024)

Attorneys

Nebraska
Eric James HamiltonOffice of the Attorney General of Nebraska, Respondent
Eric James HamiltonOffice of the Attorney General of Nebraska, Respondent
Warren Levering
Warren J. Levering — Petitioner
Warren J. Levering — Petitioner