No. 18-356

Robert Edward Orth v. Commissioner of Internal Revenue

Lower Court: Seventh Circuit
Docketed: 2018-09-19
Status: Denied
Type: Paid
Response Waived
Tags: administrative-regulation all-inclusive-terms citizen-definition citizenship-definition constitutional-claims due-process free-speech impermissible-expansion passport-privileges procedural-due-process statutory-construction tax-law taxpayer-rights
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings Securities
Latest Conference: 2018-10-26
Question Presented (from Petition)

Is the citizen in the statutory definition at 26 U.S.C. § 1402(b) an American, like the Petitioner?

Do the individuals in § 1402(b) and 26 C.F.R. 1.1 share the same citizenship?

Is 26 C.F.R. 1.1-1 an impermissible and undue expansion of the language in 26 U.S.C. § 1? If so, has the Respondent unduly acquired any authority not manifest in statutory language?

Are the terms "any" and "any property" all inclusive terms when used in statutes and regulations? Is the Respondent in compliance with, or in violation of; 26 U.S.C. §§ 83, 212, 1001, 1011, and 1012 and regulations thereunder when the FMV of Petitioner's personal services are included in § 61(a) gross income?

Does it violate Petitioner's rights to free speech, rights to petition for redress, or rights to due process, when he's penalized $4,000.00 for petitioning for a decision upon issues that are purely statutory, whether or not a correct interpretation is disclosed by the Respondent or by the reviewing court? Is this still true? "Taxpayers are entitled to know the basis of law and fact on which the Commissioner sought to sustain the deficiencies." (Helvering ii. Tex-Penn Oil Co., 300 U.S. 481, 498 (1938)).

Are Petitioner's rights to procedural due process satisfied or intact when, 1) below he's received no exegesis of controlling provisions upon which he relies, 2) he's penalized thousands of dollars for posing purely legal arguments based upon tax law alone, 3) he's barred from accessing the 7th Circuit's courts until payment is made, 4) Respondent has failed for twtt.ty-five years to formulate such an exegesis uncTh. these challenges regarding controlling provisic . 5) without the explanation he seeks the Petit -.'_ r has lost all access to how forty provisions of rc. .tut law have operated when the Respondent det: rids payment under 26 U.S.C., and 6) despite; Df this Petitioner stands to lose his U.S. passp.. privileges under 26 U.S.C. § 7345?

Question Presented (AI Summary)

Whether the statutory definition of 'citizen' in 26 U.S.C. § 1402(b) includes the petitioner, and whether the regulations at 26 C.F.R. 1.1 impermissibly expand the statutory language

Docket Entries

2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-09-28
Waiver of right of respondent CIR to respond filed.
2018-09-17
Petition for a writ of certiorari filed. (Response due October 19, 2018)

Attorneys

CIR
Noel J. FranciscoSolicitor General, Respondent
Robert E. Orth
Robert E. Orth — Petitioner