Indicate the two circuits that should be preferred by person F to issue the opinion.

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Chapter 2, Problem 59P

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Indicate the two circuits that should be preferred by person F to issue the opinion.

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Juanita, a tax resident (5th Circuit), is researching a tax question and finds a 5th Circuit case ruling that is favorable and a 9th Circuit case that is unfavorable. Which Circuit case has more “authoritative weight” and why? How would your answer change if Junita were a Kentucky resident (6th Circuit)?

James has just been audited by the IRS and, as a result, has been assessed a substantial deficiency (which he has not yet paid) in additional income taxes. In preparing his defense, James advances the following possibilities. Are any of them viable? Although a resident of Texas, James plans to sue in a District Court in Oregon that appears to be more favorably inclined toward taxpayers. If (a) is not possible, James plans to take his case to a Texas state court as he is more familiar with the practices there. Yes If he loses at the trial court level, James plans to appeal to either the Federal Circuit or the 11th Circuit Court of Appeals because he has relatives in both Washington D.C., and Atlanta. Staying with these relatives could save James lodging expense while his appeal is being heard by the court. Even if he does not win at the trial court or appeal court level, James feels certain of success on an appeal to the Supreme Court.

The following is true of a Circuit of Appeals: a. The taxpayer who originated his claim in a US District Court may be appeal decision to any Circuit Court of Appeals the taxpayer chooses b. The Court of Appeals may affirm the lower court decision, reverse the decision or retry the facts on appeal. c. The Circuit Courts of Appeal follow stare decisis and are bound by their previous decisions, but they are not required to follow the decisions of other Circuits d. All of the above.