CONFORTE V. COMMISSIONER, 459 U. S. 1309 (1983)

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U.S. Supreme Court

Conforte v. Commissioner, 459 U.S. 1309 (1983)

Conforte v. Commissioner

No. A-584

Decided January 12, 1983

459 U.S. 1309


An application for a stay, pending the filing and disposition of a petition for certiorari, of the Court of Appeals' judgment -- which dismissed applicant's appeal from the Tax Court's determination upholding the Internal Revenue Service's calculations of taxes due from applicant and his wife -- is denied. Relying on Molinaro v. New Jersey, 396 U. S. 365, the Court of Appeals had dismissed applicant's appeal because he was a fugitive from justice for federal convictions, but ruled that he could move to reinstate his appeal if he submitted himself within a specified number of days to the District Court from which he was a fugitive. Although, absent a stay, applicant may be injured because the period for surrendering expired on the day that he filed his application for a stay, nevertheless a stay is not appropriate, since there is no reasonable possibility that four Justices will vote to grant certiorari to consider whether Molinaro should apply only to appeals from criminal convictions, and not to appeals in civil cases, as here.

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