Ransom v. FIA Card Services, N. A. (09-907)

argument 09-907

Ransom v. FIA Card Services, N. A.

Supreme Court of the United States 58 min 6 speakers 8 chapters transcribed 6 days ago official recording ↗
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What is the Supreme Court’s oral argument focus in Ransom v. FIA Card Services?

John G. Roberts 0:04
We'll hear argument first this term in case zero nine nine oh seven ransom versus FIA card services. Mr Burke.
Mr. Burke 0:12
Thank you. Mr Chief Justice, and may it please the court. In two thousand five, Congress passed the Bankruptcy Act. It made a policy decision to limit judicial discretion On a case by case basis. in the area of reasonable and necessary expenses. It did so by creating a formula that entailed an aggregate set amount of expenses for an individual. Now Congress could have created this. From scratch it could have used an arbitrary figure, but instead there were figures that the IRS already had based on Census Bureau statistics that said nationwide in a certain area an individual would spend this much a month on average. In the case of Mr Ransom, that's approximately twenty five hundred a month. Forgetting about how it's divided up.
Mr. Burke 1:09
If I had a hundred people come in and answered the following five questions the same way Mr Ransom did, and that's age, location, household size, gross income, and if you have a vehicle, how many? They would all get a twenty five hundred dollar standard aggregate deduction, which works out to one hundred fifty thousand dollars over a five year period. Now crux of this is Whether or not Courts are allowed to dig in and cut out pieces of this standard aggregate amount.
Samuel A. Alito 1:45
Why is that the crux of it? Congress made reference to the the local standards, right?
Mr. Burke 1:51
Yes.
Samuel A. Alito 1:51
And were the w was the commentary in the collection financial standards in existence at the time when Congress enacted this provision.
Mr. Burke 2:03
There was a collection financial analysis that was in place and it was noted in nineteen ninety eight as uh a prior version of the bill that ultimately wasn't passed.
Samuel A. Alito 2:14
And that explains what the IRS understands the local standards to mean. Isn't that right?
Mr. Burke 2:20
I would disagree with that. I would say well it it would explain what the IRS means, but that's where I would end it. Because the IRS standards are used to collect taxes. They're discretionary. They disagree. Well
Samuel A. Alito 2:35
I understand that, but Congress decided to make reference to the local standards in this bankruptcy provision, didn't it?
Mr. Burke 2:41
Standards.
Samuel A. Alito 2:42
Yes. It's and at the time it when it did that, there was official IRS commentary regarding the meaning of those standards, correct? for the
Mr. Burke 2:53
IRS to use in collecting tax.
Samuel A. Alito 2:55
And your argument is that Congress intended to adopt the standards promulgated by the IRS, but not the IRS's interpretation of the standards. Correct, not their
Mr. Burke 3:07
methodology or interpretation.
Stephen G. Breyer 3:08
Doesn't the um The chart say ownership costs
Mr. Burke 3:15
Yes.
Stephen G. Breyer 3:17
And you would read that to mean non costs as well. I mean if the if the table is called ownership costs then why not use the IRS definition of what costs are? And that definition says what loan payments And lease payments.
Mr. Burke 3:39
Because she We have to look at it as a standard aggregate and and what I mean by that is okay, the bankruptcy code doesn't define uh ownership costs. An ownership cost could be The replacement value it could be buying a new vehicle, it could be the costs associated with making payments on a vehicle. What that average number is, in this case four hundred and seventy one dollars, is a nationwide figure that somebody would spend on average. In a month. It doesn't mean that any one individual spends that amount. Mr.
Antonin Scalia 4:16
Burke, isn't it isn't it the case that uh even On the other side's interpretation of it It doesn't come down to actual cost anyway. Isn't it the case, or do I misunderstand it? That so long as there is one payment You get the entire deduction.
Mr. Burke 4:35
That's their position, or even one dollar.
Antonin Scalia 4:37
Even even uh one payment of one dollar, you get the entire deduction. So to argue this case as though it's a question of whether you actually expend the money that you're getting the credit for is is simply is simply false. You don't do that under either side's interpretation, right?
Mr. Burke 4:56
Yeah and I would perhaps try to help you, Mr.
Antonin Scalia 4:58
Burke.
Stephen G. Breyer 5:00
Mr. Burke be before you respond to that question, isn't it so that in the event that Justice Scalia just proposed The trustee could propose an amendment

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