Legal Opinion

United States v. Hinkson

Court of Appeals for the Ninth Circuit

Decided November 5, 2009No. 05-30303PublishedCited by 1,295 opinions

1Opinion of the Court

Opinion by Judge BEA; Dissent by Judge WILLIAM A. FLETCHER.

BEA, Circuit Judge:

Today we consider the familiar “abuse of discretion” standard and how it limits our power as an appellate court to substitute our view of the facts, and the application of those facts to law, for that of the district court.

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Introduction

David Hinkson refused to pay income tax on his business profits. He asserted the United States Constitution forbade the federal government from taxing a person’s income. He was investigated by Internal Revenue Service Agent Steven Hines, prosecuted to a conviction for income tax…

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  5. United States v. United States Gypsum Co.Supreme Court of the United States · 1948

19 more not listed; retrieve them via the Exa API.

3Cited by1,295 opinions

  1. United States v. Corinthian CollegesCourt of Appeals for the Ninth Circuit · 2011
  2. In Re Oracle Corp. Securities LitigationCourt of Appeals for the Ninth Circuit · 2010
  3. Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
  4. Newgen, LLC v. Safe Cig, LLCCourt of Appeals for the Ninth Circuit · 2016
  5. Mazza v. American Honda Motor Co., Inc.Court of Appeals for the Ninth Circuit · 2012

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