Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
10-875 | 9th Cir. | Nov 29, 2011 | May 14, 2012 | 5-4 | Sotomayor | OT 2011 |
Holding: The federal income tax liability resulting from petitioners’ post-petition farm sale is not “incurred by the estate” under Section 503(b) of the Bankruptcy Code and thus is neither collectible nor dischargeable in the Chapter 12 plan.
Plain English Summary: At issue was whether farmers who sell their farm while in bankruptcy have to pay capital gains tax to the IRS. The farmers argued that they could sell the farm and give the proceeds to their other creditors. However, the Court agreed with the IRS that the IRS must be paid before the other creditors.
Judgment: Affirmed, 5-4, in an opinion by Justice Sotomayor on May 14, 2012. Justice Breyer filed a dissenting opinion in which Justices Kennedy, Ginsburg and Kagan joined.
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioner
Merits Briefs for the Respondent
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In a dispute over arbitration rights, the Supreme Court unanimously sides with a Taco Bell worker who sued the franchise owner for wage violations. The dispute involved whether the company waited too long to try to move the lawsuit out of court and into arbitration.
The Supreme Court adds no new cases to its docket in this morning's order list. Stephen Breyer writes a brief statement regarding the court's denial of review in a capital case; he reiterates his doubts about the constitutionality of the death penalty. https://www.supremecourt.gov/orders/courtorders/052322zor_p86a.pdf
Today at SCOTUS: The court will issue orders at 9:30 a.m. EDT, followed by opinions starting at 10. You know the drill: We'll be firing up our live blog and breaking it all down. See you there.
Announcement of orders and opinions for Monday, May 23 - SCOTUSblog
On Monday, May 23, we will be live blogging as the court releases orders from the May 19 conference and opinio...
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Just in: The next Supreme Court opinion day will be next Monday. The court expects to release one or more opinions in argued cases from the current term.