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

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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/

Thanks again Michael.

About the Author

Bill Innes

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William (Bill) Innes has practiced in the areas of tax litigation, taxation and estates and trusts since 1975. His practice includes all aspects of dispute resolution in taxation matters under both federal and provincial legislation, but with a special emphasis on appeals under the Income Tax Act (Canada). In addition, Bill acts as counsel in matters of estate and trust law and serves as an advisor to large charitable and non-profit institutions on issues of trusts, estates and taxation. He frequently appears as counsel before the Tax Court of Canada, the Federal Court and the Federal Court of Appeal.

For advice on tax litigation matters contact Bill:

WILLIAM I. INNES

email: william.innes@williaminnes.ca
416-869-2204
www.williaminnes.ca

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Bill is listed and recognized in the 2020 edition of Best Lawyers in Canada; Lexpert/ROB Special Edition 2020 – Canada’s Leading Litigation Lawyers; 2020 Canadian Legal Lexpert Directory - Consistently Recommended - Litigation - Corporate Tax; and Canadian Who’s Who.

Bill is also AV Peer and Judicial Review Rated according to Martindale-Hubbell (Preeminent), its highest level of professional ranking.

Bill is a member of the Editorial Boards of the Canadian Tax Journal and Tax Litigation and a past member of the Editorial Boards of the CCH Canadian Tax Reporter and the CCH Annotated Income Tax Act.

Bill is the author or co-author of several legal texts and numerous articles, including:

Tax Evasion, William I. Innes. (Scarborough, Ont.: Carswell, 1995 - Looseleaf).

The essential GAAR manual: policies, principles and procedures. William I. Innes, Patrick J. Boyle, Joel A. Nitikman. (Toronto: CCH Canadian, 2006).
Charities, non-profits and philanthropy under the Income Tax Act, William I. Innes, Patrick J. Boyle. (Toronto: CCH Canadian: Fraser Milner Casgrain, 2006).
Federal tax practice, William Innes & Brendan Bissell, (Toronto: CCH Canadian, 2007).

Bill was a member of the International Academy of Estate and Trust Law from 1992 to 2012.

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

About the Author

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