No. 25-5542

Francis Burns v. United States

Lower Court: Seventh Circuit
Docketed: 2025-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure due-process federal-tax-code tax-law taxpayer-bill-of-rights
Key Terms:
SocialSecurity DueProcess FourthAmendment FirstAmendment CriminalProcedure Securities JusticiabilityDoctri
Latest Conference: 2025-10-10
Question Presented (from Petition)

1. Was Petitioner, Francis Burns denied his Constitutionally-protected Common Law right under the Taxpayer Bill of Rights where the UNITED STATES OF AMERICA, and the STATE OF WISCONSIN, hereinafter known as the Respondents, has converted the rights of the TaxPayer into a privilege?

2. Was the Petitioner, Francis Burns denied due process of law by the Respondents wherein the Respondents ignored the Common Law principles of a crime and prosecuted the Petitioner under Statutory Rules that circumvent the United States Constitution and the Common Law?

3. Were Petitioner's First, Fourth, Fifth, Sixth, Eleventh, Fourteenth Amendment, and Bill of Rights violated by the Respondents trial and criminal conviction for not following tax payer policies?

4. Was the Petitioner denied Due Process of Law under color of law by the Unites State Territorial Courts trial and criminal conviction without jurisdiction by lack of a sworn statement by a victim to a crime or judicial power?

5. Were Petitioners rights violated by the Internal Revenue Service Agents and Prosecutors for failure to comply with Title 26 U.S.C.S § 6203, to obtain the required authorization by the Secretary of Treasury, and comply with Titles: 26 U.S.C.S. § 6304(b)(1)(4), 15 U.S.C.S. § 1692(d)(1)(3)(5), 15 U.S.C.S. § 1692e(l), 15 U.S.C.S. § 1692f(3)(6)(B), 15 U.S.C.S § 1692g(l) (2) (4) (5) (b) (c)? As well as compliance with the Reform and Restructuring Act and Tax Payer Bill of Rights; which clearly states in: Internal Revenue Code IRC 7803(c) requires TAS employees to inform customers of the independence of the Taxpayer Advocate Service and the reporting requirements to Congress through the National Taxpayer Advocate.

6. Were Petitioners rights violated by the Internal Revenue Service Agents and Officials failure to comply with Federal Tax Laws ordered by the Federal Tax Courts requiring "letters of delinquency and deficiency" to a taxpayer that alleged a debt, which would accompany a Proof of Claim by the Secretary of Treasury pursuant to Title 26 U.S.C.S. § 6203 Method of assessment, itemized forensic audit. Which is required on the mandatory form 4340, IRC Form 2866, and IRC Form 3050.

7. Were Petitioners rights violated by the judge and prosecutor for failing to comply with the Federal Rules of Criminal Procedure and the Brady Rule, when the judge refused to compel the prosecutor to disclose material exculpatory information in the government's possession. Brady material or the evidence the prosecutor is required to disclose, such as the certification of the charges on the record sworn under penalty of perjury that a liability exist. The sworn testimony in a written complaint or one or more affidavits of essential facts constituting the offense charged, establishing probable cause to draw a grand jury or executing original warrants for arrest, which all must be given to the defendant (Petitioner).

8. Was Petitioner, Francis Burns denied his Constitutionally protected Common Law right under Amendment VI, to "face his accuser", and to have "compulsory process, where the judge and government agents converted the rights of the Petitioner into a privilege? The Federal Judge not compelling the government (

Question Presented (AI Summary)

Whether the Internal Revenue Service violated the Petitioner's constitutional rights by failing to follow proper tax assessment procedures and disclosure requirements

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-09-23
Waiver of United States of right to respond submitted.
2025-09-23
Waiver of right of respondent United States to respond filed.
2025-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 6, 2025)

Attorneys

Francis Burns
Francis Burns — Petitioner
United States
D. John SauerSolicitor General, Respondent