No. 24-416

Commissioner of Internal Revenue v. Jennifer Zuch

Lower Court: Third Circuit
Docketed: 2024-10-15
Status: Judgment Issued
Type: Paid
Amici (4) Experienced Counsel
Tags: administrative-review internal-revenue-service jurisdictional-challenge pre-deprivation-proceeding tax-court tax-levy
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Securities JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether a pre-levy proceeding under 26 U.S.C. 6330 becomes moot when there is no longer a live dispute over the proposed levy

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a proceeding under 26 U.S.C. 6330 for a pre-deprivation determination about a levy proposed by the Internal Revenue Service to collect unpaid taxes becomes moot when there is no longer a live dispute over the proposed levy that gave rise to the proceeding. (I)

Docket Entries

2025-08-05
Record returned to the United States Court of Appeals for the Third Circuit.
2025-07-14
Judgment Issued.
2025-06-12
Judgment REVERSED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/24-416_l5gm.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion.
2025-04-22
Argued. For petitioner: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Shay Dvoretzky, Washington, D. C.
2025-04-11
Reply of petitioner Commissioner of Internal Revenue filed. (Distributed)
2025-03-24
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. (Distributed)
2025-03-24
Amicus brief of The Chamber of Commerce of the United States of America submitted.
2025-03-24
Amicus brief of A. Lavar Taylor submitted.
2025-03-24
Amicus brief of The Center for Taxpayer Rights submitted.
2025-03-24
2025-03-24
Brief amici curiae of National Taxpayers Union Foundation, et al. filed. (Distributed)
2025-03-24
Brief amicus curiae of Center for Taxpayer Rights filed. (Distributed)
2025-03-19
CIRCULATED
2025-03-17
2025-03-07
Record received from the United States Court of Appeals for the Third Circuit and available electronically with the Clerk.
2025-02-26
Record requested from the United States Court of Appeals for the Third Circuit.
2025-02-24
SET FOR ARGUMENT on Tuesday, April 22, 2025.
2025-02-24
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2025-02-14
Brief of petitioner Commissioner of Internal Revenue filed.
2025-02-14
Brief of Commissioner of Internal Revenue submitted.
2025-02-06
Motion to dispense with printing the joint appendix filed by petitioner Commissioner of Internal Revenue.
2025-02-06
Motion of Commissioner of Internal Revenue to dispense with joint appendix submitted.
2025-01-10
Petition GRANTED.
2024-12-24
DISTRIBUTED for Conference of 1/10/2025.
2024-12-23
Reply of petitioner Commissioner of Internal Revenue filed. (Distributed)
2024-12-23
Reply of petitioner United States filed. (Distributed)
2024-12-23
Reply of United States submitted.
2024-12-19
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2024-12-16
2024-12-16
Brief of Jennifer Zuch in opposition submitted.
2024-10-17
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2024.
2024-10-15
Motion to extend the time to file a response from November 14, 2024 to December 16, 2024, submitted to The Clerk.
2024-10-11
Petition for a writ of certiorari filed. (Response due November 14, 2024)
2024-09-12
Application (24A256) granted by Justice Alito extending the time to file until October 11, 2024.
2024-09-11
Application (24A256) to extend the time to file a petition for a writ of certiorari from September 24, 2024 to October 11, 2024, submitted to Justice Alito.

Attorneys

A. Lavar Taylor
A. Lavar TaylorTaylor Nelson Amitrano LLP, Amicus
A. Lavar TaylorTaylor Nelson Amitrano LLP, Amicus
Commissioner of Internal Revenue
D. John SauerSolicitor General, Petitioner
D. John SauerSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner
Sarah M. HarrisActing Solicitor General, Petitioner
Jennifer Zuch
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent
National Taxpayers Union Foundation
Joseph Darcy HenchmanNational Taxpayers Union Foundation, Amicus
Joseph Darcy HenchmanNational Taxpayers Union Foundation, Amicus
The Center for Taxpayer Rights
Audrey Anne PattenThe Legal Services Center of Harvard Law School, Amicus
Audrey Anne PattenThe Legal Services Center of Harvard Law School, Amicus
The Chamber of Commerce of the United States of America
Lauren Willard ZehmerCovington & Burling LLP, Amicus
Lauren Willard ZehmerCovington & Burling LLP, Amicus
United States
Brian Halligan FletcherDepartment of Justice, Petitioner
Brian Halligan FletcherDepartment of Justice, Petitioner