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Docket for 06-1509
No. 06-1509
Title:
Michael H. Boulware, Petitioner
v.
United States
Docketed:May 15, 2007
Linked with 08A362
Lower Ct:United States Court of Appeals for the Ninth Circuit
  Case Nos.:(05-10752)
  Decision Date:December 13, 2006
  Rehearing Denied:April 23, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
May 11 2007 Petition for a writ of certiorari filed. (Response due June 14, 2007)
Jun 6 2007 Order extending time to file response to petition to and including July 16, 2007.
Jul 16 2007 Brief of respondent United States in opposition filed.
Jul 25 2007 Reply of petitioner Michael H. Boulware filed.
Aug 1 2007 DISTRIBUTED for Conference of September 24, 2007.
Sep 25 2007 Petition GRANTED limited to the following Question: "Whether the diversion of corporate funds to a shareholder of a corporation without earnings and profits automatically qualifies as a non-taxable return of capital up to the shareholder's stock basis, see 26 U.S.C. 301(c)(2), even if the diversion was not intended as a return of capital." The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, December 3, 2007. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, December 28, 2007. Briefs of amici curiae are to be filed with the Clerk and served upon counsel for the parties on or before 2 p.m., 7 days after the brief for the party supported is filed, or if in support of neither party, within 7 days after the petitioner's brief is filed.
Nov 5 2007 Joint appendix filed. (Statement of costs filed)
Nov 5 2007 Brief of petitioner Michael H. Boulware filed.
Nov 13 2007 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Nov 16 2007 SET FOR ARGUMENT ON Tuesday, January 8, 2008.
Dec 3 2007 Record received from the U.S.C.A. for the 9th Circuit. (1 envelope)
Dec 3 2007 Brief of respondent United States filed.
Dec 6 2007 CIRCULATED.
Dec 6 2007 Record received from the U.S.D.C. for the District of Hawaii. (5 boxes)
Dec 21 2007 Reply of petitioner Michael H. Boulware filed. (Distributed)
Jan 8 2008 Argued. For petitioner: John D. Cline, San Francisco, Cal. For respondent: Deanne E. Maynard, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Mar 3 2008 Judgment VACATED and case REMANDED. Souter, J., delivered the opinion for a unanimous Court.
Apr 4 2008 JUDGMENT ISSUED.
Apr 29 2008 Record returned to the U.S.D.C. for the District of Hawaii.
Oct 24 2008 Application (08A362) for bail pending appeal, submitted to Justice Kennedy.
Oct 27 2008 Application (08A362) denied by Justice Kennedy.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
John D. Cline Jones Day(415) 875-5812
    Counsel of Record555 California Street
26th Floor
San Francisco, CA  94104
jcline@jonesday.com
Party name: Michael H. Boulware
Attorneys for Respondent:
Paul D. Clement Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
Other:
John L Pollok 260 Madison Avenue(212) 679-2900
New York, NY  10016
Party name: National Association of Criminal Defense Lawyers
November 27, 2014 | Version 2014.1