Hirsch v. United States Tax Court
Pending petition
Issue: (1) Whether the court of appeals must issue a writ of mandamus when a petitioner is erroneously denied a jury trial, without considering whether the right is clear or unambiguous or the petitioner has other potential avenues of relief; and (2) whether the Internal Revenue Code violates the Seventh Amendment and Article III by authorizing the IRS to order the payment of monetary penalties for fraud without providing the taxpayer a jury trial.
| Date | Proceedings and Orders |
|---|---|
| 11/06/2025 | Application (25A545) as to Harvey Birdman, et al., to extend the time to file a petition for a writ of certiorari from November 18, 2025 to January 17, 2026, submitted to Justice Thomas. |
| 11/06/2025 | Application (25A544) to extend the time to file a petition for a writ of certiorari from November 18, 2025 to January 17, 2026, submitted to Justice Thomas. |
| 11/13/2025 | Application (25A545) as to Harvey Birdman, et al., granted by Justice Thomas extending the time to file until December 18, 2025. |
| 11/13/2025 | Application (25A544) granted by Justice Thomas extending the time to file until December 18, 2025. |
| 12/18/2025 | Petition for a writ of certiorari filed. (Response due January 21, 2026) |
| 01/20/2026 | Waiver of right of respondent Commissioner of Internal Revenue to respond filed. |
| 01/21/2026 | Brief amici curiae of Cato Institute, et al. filed. |
| 01/21/2026 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 01/21/2026 | Brief amici curiae of Center for Taxpayer Rights, et al. filed. |
| 01/28/2026 | DISTRIBUTED for Conference of 2/20/2026. |
| 02/13/2026 | Response Requested. (Due March 16, 2026) |