green
Positive treatment
32.2 score
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 31 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Vikki L. Rogers, and Brian D. Rogers, Intervenor
Resser v. -9- [*9] Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996) (quoting Price v. Commissioner, 887 F.2d 959, 963 (9th Cir. 1989)), rev’g and remanding T.C.
discussed
Cited as authority (rule)
Dale Kleber v. CareFusion Corporation
As explained by Justice Thomas for a unanimous Supreme Court in Robinson v. Shell Oil, however, that observation does not prove that Congress chose not to provide that protection. 519 U.S. at 341– “the order denying him pauper status”); McMahon v. LVNV Funding, LLC, 807 F.3d 872, 875 (7th Cir. 2015) (observing that “the denial of class status is likely to be fatal to this litigation”); Moranski v. General Motors Corp., 433 F.3d 537, 538 (7th Cir. 2005) (analyzing “denial of Affinity Group status” affecting a proposed group of employees); Hileman v. Maze, 367 F.3d 694, 697 (7th Ci…
discussed
Cited as authority (rule)
Dale Kleber v. CareFusion Corporation
As explained by Justice Thomas for a unanimous Supreme Court in Robinson v. Shell Oil, however, that observation does not prove that Congress chose not to provide that protection. 519 U.S. at 341– “the order denying him pauper status”); McMahon v. LVNV Funding, LLC, 807 F.3d 872, 875 (7th Cir. 2015) (observing that “the denial of class status is likely to be fatal to this litigation”); Moranski v. General Motors Corp., 433 F.3d 537, 538 (7th Cir. 2005) (analyzing “denial of Affinity Group status” affecting a proposed group of employees); Hileman v. Maze, 367 F.3d 694, 697 (7th Ci…
discussed
Cited as authority (rule)
Dale Kleber v. CareFusion Corporation
As explained by Justice Thomas for a unanimous Supreme Court in Robinson v. Shell Oil, however, that observation does not prove that Congress chose not to provide that protection. 519 U.S. at 341– “the order denying him pauper status”); McMahon v. LVNV Funding, LLC, 807 F.3d 872, 875 (7th Cir. 2015) (observing that “the denial of class status is likely to be fatal to this litigation”); Moranski v. General Motors Corp., 433 F.3d 537, 538 (7th Cir. 2005) (analyzing “denial of Affinity Group status” affecting a proposed group of employees); Hileman v. Maze, 367 F.3d 694, 697 (7th Ci…
discussed
Cited as authority (rule)
Christopher Schorse, and Cynthia Palabrica, Intervenor v. Commissioner
The U.S. Court of Appeals for the Seventh Circuit, to which this case is appealable absent an agreement between the parties, see sec. 7482(b), has adopted a more lenient approach in cases where the understatement results from improper deductions (versus cases involving unreported income), see Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996), rev’g and remanding T.C.
cited
Cited as authority (rule)
Rick E. Jacobsen v. Commissioner
Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996), rev’g T.C.
discussed
Cited as authority (rule)
Dale Kleber v. CareFusion Corporation
Bell v. Kay, 847 F.3d 866, 868 (7th Cir. 2017) (plaintiff objected to “the order denying him pauper status”); McMahon v. LVNV Funding, LLC, 807 F.3d 872, 875 (7th Cir. 2015) (observing that “the denial of class status is likely to be fatal to this litigation”); Moranski v. General Motors Corp., 433 F.3d 537, 538 (7th Cir. 2005) (analyzing “denial of Affinity Group status” affecting a proposed group of employees); Hileman v. Maze, 367 F.3d 694, 697 (7th Cir. 2004) (plaintiff alleged injury resulting “from the denial of her status” as candidate in local election); Resser v. Comm�…
discussed
Cited as authority (rule)
Dale Kleber v. CareFusion Corporation
Bell v. Kay, 847 F.3d 866, 868 (7th Cir. 2017) (plaintiff objected to “the order denying him pauper status”); McMahon v. LVNV Funding, LLC, 807 F.3d 872, 875 (7th Cir. 2015) (observing that “the denial of class status is likely to be fatal to this litigation”); Moranski v. General Motors Corp., 433 F.3d 537, 538 (7th Cir. 2005) (analyzing “denial of Affinity Group status” affecting a proposed group of employees); Hileman v. Maze, 367 F.3d 694, 697 (7th Cir. 2004) (plaintiff alleged injury resulting “from the denial of her status” as candidate in local election); Resser v. Comm�…
cited
Cited as authority (rule)
John E. Rogers & Frances L. Rogers v. Commissioner
Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996) (quoting Price v. Commissioner, 887 F.2d 959, 963 (9th Cir. 1989)), rev’g and remanding T.C.
cited
Cited as authority (rule)
Stephen D. Bowerman & Jani A. Bowerman v. Commissioner
Memo. 1995-572 ; Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996), rev’g T.C.
examined
Cited as authority (rule)
Winnie Greer v. Comm'r of Internal Revenue
(4×)
also: Cited "see"
See Hayman v. Comm’r, 992 F.2d 1256, 1261 (2d Cir.1993); Reser v. Comm’r, 112 F.3d 1258, 1267 (5th Cir.1997); Resser v. Comm’r, 74 F.3d 1528, 1536 (7th Cir.1996); Erdahl v. Comm’r, 930 F.2d 585, 589 (8th Cir.1991); Kistner v. Comm’r, 18 F.3d 1521, 1527 (11th Cir.1994).
cited
Cited as authority (rule)
Construction and Design Compan v. USCIS
E.g., Resser v. Commissioner, 74 F.3d 1528, 1538 (7th Cir. 1996).
cited
Cited as authority (rule)
Construction & Design Co. v. United States Citizenship & Immigration Services
E.g., Resser v. Commissioner, 74 F.3d 1528, 1538 (7th Cir.1996).
discussed
Cited as authority (rule)
Rubin v. Tax Appeals Tribunal
Matter of Macaluso v New York State Dept. of Taxation & Fin., 259 AD2d 795, 796 [1999]; Resser v Commissioner of Internal Revenue, 74 F3d 1528, 1535 [1996]; Bliss v Commissioner of Internal Revenue, 59 F3d 374, 378 [1995]; Friedman v Commissioner of Internal Revenue, 53 F3d 523, 528-529 [1995] ; 4 Purcell v Commissioner of Internal Revenue, 826 F2d 470, 473 [1987], cert denied 485 US 987 [1988]) indicate that despite its liberal construction, one claiming an entitlement to its benefits must establish, by a preponderance of the evidence (see Friedman v Commissioner of Internal Revenue, supra at…
cited
Cited as authority (rule)
Alt v. Commissioner
“However, amounts received by a spouse in excess of normal support do constitute a significant benefit.” Resser v. Commissioner, 74 F.3d 1528, 1543 (7th Cir.1996) (citation omitted).
cited
Cited as authority (rule)
Mlay v. Internal Revenue Service
Id. (citing Resser v. Commissioner of Internal Revenue, 74 F.3d 1528, 1536 (7th Cir.1996)).
discussed
Cited as authority (rule)
In Re Hinckley
See, e.g., Reser v. Comm'r of Internal Revenue, 112 F.3d 1258, 1267 (5th Cir.1997); Resser v. Comm'r of Internal Revenue, 74 F.3d 1528, 1535 (7th Cir.1996); Erdahl v. Comm’r of Internal Revenue, 930 F.2d 585, 589 (8th Cir.1991) (discussing knowledge of the underlying transaction that produced income as the standard in cases involving omission of income in contrast to cases involving deductions that give rise to an understatement of tax); Price v. Comm'r of Internal Revenue, 887 F.2d 959 , 963 at n. 9 (9th Cir.1989) (same); Purcell v. Comm’r of Internal Revenue, 826 F.2d 470, 474 (6th Cir.1…
discussed
Cited as authority (rule)
Rebecca Jo Reser v. Commissioner of Internal Revenue
(2×)
also: Cited "see"
See Park, 25 F.3d 1289, 1292 (1994). 46 .See Price, 887 F.2d at 965 ; Stevens v. Commissioner, 872 F.2d 1499, 1505 (11th Cir.1989); Erdahl v. Commissioner, 930 F.2d 585, 590-91 (8th Cir.1991); Friedman, 53 F.3d at 531 ; Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996); Bliss v. Commissioner, 59 F.3d 374, 378 (2d Cir.1995). 47 .
discussed
Cited as authority (rule)
LaSalle Bank Lake View v. Seguban
The court notes that “the more a spouse knows about a transaction, ceteris paribus, the more likely it is that [he] will know or have reason to know that the deduction arising from that transaction may not be valid.” Resser v. C.I.R., 74 F.3d 1528, 1536 (7th Cir.1996) (citation omitted).
cited
Cited as authority (rule)
In re Lesnick
Resser v. Commissioner, 74 F.3d 1528, 1542 (7th Cir.1996) (citations omitted).
discussed
Cited as authority (rule)
REBECCA JO RESER v. COMMISSIONER OF INTERNAL REVENUE
(2×)
They have concluded instead that the proper inquiry is whether the spouse seeking relief knew or had reason to know that the deduction would give rise to a substantial understatement.33 The leading case in this camp is the Ninth Circuit’s decision in Price v. Commissioner.34 The Tax Court, however, in Bokum v. Commissioner,35 explicitly refused to acquiesce in Price and continues to apply the knowledge-of-the-transaction test in omission of income cases and erroneous deduction cases alike.36 In Bokum, the Tax Court found support for 33 See Bliss v. Commissioner, 59 F.3d 374 , 378 n.1 (2d Cir…
cited
Cited "see"
Joanne Salvi Vanover, and Michael D. Vanover, Intervenor
See Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996), rev’g and remanding T.C.
cited
Cited "see"
Kari Jane Freman, and Rodney C. Freman, Intervenor
See Resser v. Commissioner, 74 F.3d 1528, 1536 (7th Cir. 1996), rev’g and remanding T.C.
discussed
Cited "see"
Cheshire v. CIR
See Resser v. Comm’r, 74 F.3d 1528, 1535-36 (7th Cir. 1996); Bliss v. Comm’r, 59 F.3d 374 , 378 n.1 (2d Cir. 1995); Kistner v. Comm’r, 18 F.3d 1521, 1527 (11th Cir. 1994); Erdahl v. Comm’r, 930 F.2d 585, 589 (8th Cir. 1991). 13 In this case, the Cheshires reported the receipt of $199,771.05 in retirement distributions on line 17a of their joint tax return.
discussed
Cited "see"
Kathryn Cheshire v. Commissioner of Internal Revenue
See Resser v. Comm’r, 74 F.3d 1528, 1535-36 (7th Cir.1996); Bliss v. Comm’r, 59 F.3d 374 , 378 n. 1 *334 (2d Cir.1995); Kistner v. Comm’r, 18 F.3d 1521, 1527 (11th Cir.1994); Erdahl v. Comm’r, 930 F.2d 585, 589 (8th Cir.1991). 19 .
cited
Cited "see"
Phemister
See Resser v. Commissioner , 74 F.3d 1528 , 1535-1536 (7th Cir. 1996) , *240 revg. and remanding T.C.
discussed
Cited "see, e.g."
Rick Jacobsen v. CIR
II The Internal Revenue Code specifies that a husband and wife who file a joint tax return are jointly and severally liable for the taxes on their combined incomes. 26 U.S.C. § 6013 (d); see, e.g., Resser v. C.I.R., 74 F.3d 1528, 1534 (7th Cir. 1996).
discussed
Cited "see, e.g."
Rick Jacobsen v. CIR
II The Internal Revenue Code specifies that a husband and wife who file a joint tax return are jointly and severally liable for the taxes on their combined incomes. 26 U.S.C. § 6013 (d); see, e.g., Resser v. C.I.R., 74 F.3d 1528, 1534 (7th Cir. 1996).
discussed
Cited "see, e.g."
Rick Jacobsen v. CIR
II The Internal Revenue Code specifies that a husband and wife who file a joint tax return are jointly and severally liable for the taxes on their combined incomes. 26 U.S.C. § 6013 (d); see, e.g., Resser v. C.I.R., 74 F.3d 1528, 1534 (7th Cir. 1996).
cited
Cited "see, e.g."
Meyer v. Commissioner
Compare Resser v. Commissioner , 74 F.3d 1528 , 1540 (7th Cir. 1996) , revg.
Retrieving the full opinion text from the archive…
PRINCETON UNIVERSITY PRESS, ET AL., Plaintiffs-Appellees,
v.
MICHIGAN DOCUMENT SERVICES, INC., ET AL., Defendants-Appellants
v.
MICHIGAN DOCUMENT SERVICES, INC., ET AL., Defendants-Appellants
94-1778.
Court of Appeals for the Sixth Circuit.
Apr 9, 1996.
Merritt, Kennedy, Martin, Milburn, Nelson, Ryan, Boggs, Norris, Suhrheinrich, Siler, Batchelder, Daughtrey, Moore, Cole.
Published
ORDER
A majority of the Judges of this Court in regular active service have voted for rehearing of this case en banc. Sixth Circuit Rule 14 provides as follows:
The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal.
Accordingly, it is ORDERED that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
The Clerk will direct the parties to file supplemental briefs and will schedule this case for oral argument as soon as possible.