· 7/13/2016
Smith v. United States Internal Revenue Service (In Re Smith)
Citations
- 828 F.3d 1094
- 76 Collier Bankr. Cas. 2d 142
- 118 A.F.T.R.2d (RIA) 5127
- 2016 U.S. App. LEXIS 12859
- 62 Bankr. Ct. Dec. (CRR) 219
- 2016 WL 3749156
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that courts “will not re-weigh the evidence or “substitute our judgment for the Commissioner’s”
- noting that “in the event of evidentiary conflict or uncertainty,” we will not “substitute our judgment for the Commissioner’s, even if we believe the evidence weighs against the Commissioner’s decision” (citation omitted) (internal quotation marks omitted)
- “We will not re-weigh the evidence . . . [or] substitute our judgment for the Commissioner’s . . . .”
- “We will not re-weigh the evidence nor, in the event of evidentiary conflict or uncertainty, will we substitute our judgment for the Commissioner’s, even if we believe the evidence weighs against the Commissioner’s decision.” (cleaned up)
- “Any error at step two would likewise be harmless, given that the ALJ concluded at step four, on the basis of substantial evidence, that Garcia retained the ability to perform his past relevant work as a produce broker.”
- “Any error at step two would likewise be harmless, given that the ALJ concluded at step four, on the basis of substantial evidence, that Garcia retained the ability to perform his past relevant work as a produce broker.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, O'Scannlain, Christen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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