No. 19-973

Brian D. Swanson v. United States

Lower Court: Eleventh Circuit
Docketed: 2020-02-04
Status: Denied
Type: Paid
Response Waived
Tags: apportionment capital capital-tax constitutional-taxation direct-tax federal-tax-return income-classification income-tax rule-12(b)(6) tax-refund
Latest Conference: 2020-02-28
Question Presented (from Petition)

1. May the Respondent collect a direct tax on
Petitioner 's capital without going through the
rule of apportionment?

2. May Respondent use Petitioner 's federal tax
return to evade the apportionment requirement
for collecting a direct tax on his capital and use
Petitioner to confiscate the State of Georgia 's
constitutionally protected source of revenue?

3. Are Petitioner 's employment earnings capital or
income?

4. Does distinguishing between capital and income,
when calculating a personal income tax liability,
establish a sufficient factual matter to claim an
income tax refund and to survive a Rule 12(b)(6)
motion to dismiss?

5. Did the Eleventh Circuit abuse its discretion by
imposing an $8,000 sanction on Petitioner when
it ignored both the constitutional questions
presented to it and Respondent 's contradictory
handling of his tax returns?

Question Presented (AI Summary)

May the Respondent collect a direct tax on Petitioner's capital without going through the rule of apportionment?

Docket Entries

2020-03-02
Petition DENIED.
2020-02-12
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Waiver of right of respondent United States to respond filed.
2020-01-31
Petition for a writ of certiorari filed. (Response due March 5, 2020)

Attorneys

Brian D. Swanson
Brian D. Swanson — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent