Freytag v. Commissioner

¶1C. A. 5th Cir. Certiorari granted. In addition to the questions presented by the petition the parties are requested to brief and argue the following question: “Does a party’s consent to have its case heard by a special tax judge constitute a waiver of any right to challenge the appointment of that judge on the basis of the Appointments Clause, Art. II, § 2, cl. 2?”