Petition for writ of certiorari filed with SCOTUS in Kuretski separation of powers case

Bill Innes on Current Tax Cases

Last summer Michael H. Lubetsky of Davies Ward Phillips & Vineberg LLP was kind enough to provide a commentary about the decision of The United States Court of Appeals for the District of Columbia Circuit in Kuretski v. Commissioner.  That decision held that the United States Tax Court was an organ of the Executive Branch, not the Judicial Branch, with the result that the President’s power to remove Tax Court Judges did not violate the Constitution’s separation of powers.

Michael has just drawn to my attention that a petition for a writ of certiorari has been filed by the Kuretskis with the Supreme Court of the United States. The petition was filed on November 26, 2014 and the Respondent’s brief in opposition was filed on April 2, 2015.

The petition is scheduled for conference on May 14, 2015.

For a case history and access to the petition and brief in opposition use the following link:

http://www.scotusblog.com/case-files/cases/kuretski-v-commissioner-of-internal-revenue/ New Window

Thanks again Michael.