No. 19-6338

Gerald Nelson v. Commissioner of Internal Revenue

Lower Court: Second Circuit
Docketed: 2019-10-22
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: arbitration arbitration-award back-pay back-pay-settlement civil-rights due-process gross-income gross-income-taxation section-1983 tax tax-law tax-liability unemployment unemployment-benefits
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

1. 26 U.S.C 61 (a) , defines Gross income means all income from whatever source derived. Question: If gross income ,includes back pay settlements that deduct taxpayer"s Unemployment Benefits in an Arbitration Award,who Is the tax payer , the employee or the employer, when the United States Supreme Court says it should not be deducted ?

2. Due Process Claims and Section 1983. In relevant part , the Fourteenth Amendment prohibits any state from depriving any person of life ,liberty, or property, without due process of law.Procedural due process addresses the right to notice and hearing before or after particular deprivation can take place. Question:Whether in forma pauperis applicant's fourteenth amendment rights are violated ,when taxpayer's Unemployment settlement tax case , is dismissed on appeal without a hearing or opportunity to be heard.

Question Presented (AI Summary)

Whether gross income includes back pay settlements that deduct taxpayer's Unemployment Benefits in an Arbitration Award, and who is the taxpayer - the employee or the employer, when the United States Supreme Court says it should not be deducted?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Petition for Rehearing filed.
2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Waiver of right of respondent Cmm'r, IRS to respond filed.
2019-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2019)
2019-08-16
Application (19A179) granted by Justice Ginsburg extending the time to file until October 17, 2019.
2019-08-07
Application (19A179) to extend the time to file a petition for a writ of certiorari from August 18, 2019 to October 17, 2019, submitted to Justice Ginsburg.

Attorneys

Cmm'r, IRS
Noel J. FranciscoSolicitor General, Respondent
Gerald Nelson
Gerald Nelson — Petitioner