On November 21, 2022, the Supreme Court of the United States denied certiorari in Whirlpool Financial Corp., et al., Petitioners v. Commissioner of Internal Revenue, No. 22-9. This means that the US Court of Appeals for the Sixth Circuit’s decision remains in effect and is binding on the taxpayers who reside in that circuit. However, for taxpayers in other circuits, the Sixth Circuit’s decision is only persuasive authority and not binding precedent. Thus, it remains to be seen whether taxpayers in other jurisdictions will challenge the result reached in Whirlpool, and if they do, how appellate courts outside the Sixth Circuit will rule.
Prior coverage of this case can be found below:
- Whirlpool Update: New Filings and Distribution for Supreme Court Conference
- Supreme Court Requests Government Response to Whirlpool’s Petition
- Supreme Court to Consider Whirlpool’s Petition for Certiorari in Significant Subpart F Case
- Amici Support Whirlpool’s Request for Supreme Court Review
- Will the Supreme Court Rule on Whirlpool’s Subpart F Income Case?