No. 21-775

Thomas Edward Rubin v. United States

Lower Court: Ninth Circuit
Docketed: 2021-11-24
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: cancellation-of-debt congressional-authority debt-cancellation due-process income-recognition ninth-circuit summary-judgment tax tax-law
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2022-04-01 (distributed 2 times)
Question Presented (from Petition)

Did the Ninth Circuit err when, disregarding the precedential cases in the Ninth Circuit, in sister circuits, and in this Court, it disallowed a taxpayer from recognizing cancellation of debt income in tax year 2000 because a third party unsuccessfully attempted to collect the debt years later?

Did the Ninth Circuit err when it violated the exclusive right of Congress to enact federal income tax legislation set forth in U.S. Const. Arndt. 16 by imposing its criteria to calculate tax obligations that nullify 26 U.S.C. § 61(a)(12)?

Did the Ninth Circuit err by taking inferences against a taxpayer's interest as a non-movant in a summary judgment in violation of due process?

Question Presented (AI Summary)

Did the Ninth Circuit err in disallowing a taxpayer from recognizing cancellation-of-debt income

Docket Entries

2022-04-04
Rehearing DENIED.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-02-08
Petition for Rehearing filed.
2022-01-18
Petition DENIED.
2021-12-29
DISTRIBUTED for Conference of 1/14/2022.
2021-12-16
Waiver of right of respondent United States to respond filed.
2021-11-12
Petition for a writ of certiorari filed. (Response due December 27, 2021)

Attorneys

Thomas Edward Rubin
Thomas E. Rubin — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent