42 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,828 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,597 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
  3. Hibbs v. Winn

    542 U.S. 88 (2004)   Cited 573 times   7 Legal Analyses
    Holding that "[b]ecause [28 U.S.C.] § 2101(c)'s 90-day limit [for petition for certiorari] had not yet expired, the clock could still be reset"
  4. Commissioner v. Sunnen

    333 U.S. 591 (1948)   Cited 1,741 times   2 Legal Analyses
    Holding that when a court has entered a final judgment dismissing a claim, the parties to the suit are precluded from relitigating it
  5. United States v. Arthur Young Co.

    465 U.S. 805 (1984)   Cited 481 times   11 Legal Analyses
    Holding that the Court may not circumscribe the broad authority granted the IRS by § 7602
  6. United States v. Fior D'Italia, Inc.

    536 U.S. 238 (2002)   Cited 254 times
    Holding that the internal revenue code authorized the IRS to use aggregate estimates of unreported employee tips in calculating the tax assessment against such tips on the employer's income
  7. Helvering v. Taylor

    293 U.S. 507 (1935)   Cited 730 times   2 Legal Analyses
    Holding that, in a proceeding to recover taxes from a non-bankrupt taxpayer, the taxpayer has the burden of proving that his taxes complied with the Internal Revenue Code
  8. Peloro v. U.S.

    488 F.3d 163 (3d Cir. 2007)   Cited 206 times
    Holding that bearer bonds were customer property that had been mailed to the debtor and held by the debtor but seized by the FBI both before they were allocated to any debtor account and the SIPA liquidation proceedings had begun
  9. Wetzel v. Tucker

    139 F.3d 380 (3d Cir. 1998)   Cited 169 times

    NO. 97-7207 Argued: November 6, 1997 Filed March 23, 1998 On Appeal From the United States District Court For the Middle District of Pennsylvania, (D.C. Civ. No. 94-cv-00660). DONALD H. BROBST, ESQUIRE, (ARGUED), Rosenn, Jenkins and Greenwald, L.L.P., 15 South Franklin Street, Wilkes-Barre, PA 18711, Counsel for Appellant. JOSEPH J. HESTON, ESQUIRE, (ARGUED), Dougherty, Leventhal Price, L.L.P., 459 Wyoming Avenue, Kingston, PA 18704, Counsel for Appellees. Before: BECKER, ROTH, Circuit Judges, and

  10. Bromwell v. Michigan Mutual Insurance Co.

    115 F.3d 208 (3d Cir. 1997)   Cited 97 times
    Holding that where a removed declaratory-judgment action does not present a justiciable controversy under Article III, the action must be remanded to state court under § 1447(c) rather than dismissed
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,109 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  13. Section 1961 - Interest

    28 U.S.C. § 1961   Cited 11,456 times   25 Legal Analyses
    Holding that § 6621 applies to internal revenue tax cases
  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,086 times   17 Legal Analyses
    Permitting the use of declarations instead
  15. Section 6662 - Imposition of accuracy-related penalty on underpayments

    26 U.S.C. § 6662   Cited 6,348 times   66 Legal Analyses
    Defining "negligence" as "any failure to make a reasonable attempt to comply with the provisions of this title"
  16. Section 6651 - Failure to file tax return or to pay tax

    26 U.S.C. § 6651   Cited 2,837 times   31 Legal Analyses
    Providing for penalties for failure to file a timely tax return
  17. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,129 times   35 Legal Analyses
    Setting the certification process for domestic records of regularly conducted business activity
  18. Section 6015 - Relief from joint and several liability on joint return

    26 U.S.C. § 6015   Cited 1,106 times   19 Legal Analyses
    Granting relief from joint liability where "it is inequitable to hold the individual liable"
  19. Section 6601 - Interest on underpayment, nonpayment, or extensions of time for payment, of tax

    26 U.S.C. § 6601   Cited 840 times   2 Legal Analyses
    Stating that interest on tax underpayments "shall be assessed, collected, and paid in the same manner as taxes" and that any reference "to any tax imposed by this title shall be deemed also to refer to interest imposed by this section on such tax"