tax

59 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7611 Steve Van Horne, et al. v. Central Appraisal District of Taylor County Texas 2024-05-31 Denied Response WaivedIFP civil-rights due-process government government-authority religious-freedom sovereign-immunity standing tax taxation 1. Does the Central Appraisal District of Taylor County have standing to sue Petitioners? 2. Do the Petitioners have a natural, indefeasible, and ina…
23-7480 Sanjay Kumar v. United States Fourth Circuit 2024-05-14 Denied Response WaivedIFP cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE…
23-957 David Michael Bishop, et al. v. United States, et al. Tenth Circuit 2024-03-04 Denied Response Waived administrative-investigation civil-rights due-process first-amendment free-speech irs irs-summons judicial-review powell-factors standing tax tax-procedure Is the United States Internal Revenue Service1 summons process subject to quashing and constraint by operation of the First Amendment as interpreted t…
23-824 United States v. David L. Miller Tenth Circuit 2024-01-31 Judgment Issued Amici (6)Relisted (2) appropriations-clause bankruptcy bankruptcy-trustee fraudulent-transfer section-544 sovereign-immunity supremacy-clause tax Whether a bankruptcy trustee may avoid a debtor's tax payment to the United States under Section 544(b) when no actual creditor could have obtained re…
23-653 Ritchie N. Stevens, et al. v. Commissioner of Internal Revenue Ninth Circuit 2023-12-15 Denied Response Waived civil-procedure irs net-operating-loss partnership partnership-audit tax tax-court tax-law tefra tefra-regime unsigned-returns 1. Whether a net operating loss carryover to a future year that is an "affected item" under the TEFRA Partnership audit regime can be included within …
23-493 Gail Goldberg, et vir v. Commissioner of Internal Revenue Seventh Circuit 2023-11-09 Denied Response Waived administrative-procedure burden-of-proof civil-rights due-process iRS-proceedings mailing-requirements notice-requirements statutory-notice statutory-requirements tax 1. Has the ruling of the Seventh Circuit rendered mandatory statutory notice requirements not relevant, with a consequence being that the protections …
22-7817 Garland E. Williams v. United States Federal Circuit 2023-06-20 Denied Response WaivedIFP civil-procedure civil-rights due-process internal-revenue-service jurisdictional-challenge standing statutory-interpretation takings takings-clause tax tax-refund 1. Whether claimed pursuant 28 U.S.C. § 1491 (a) (1) United States Constitutional Article III, Section 2, Amendment 5, due process of law Takings, wit…
22-6971 Joseph Dingler v. Terry Garrett, Sheriff, Rockwall County, Texas, et al. Fifth Circuit 2023-03-08 Denied IFP civil-procedure civil-rights constitutional-challenge criminal-procedure due-process federal-evidence preservation-rights standing statutory-interpretation takings tax Question not identified.
22-598 Arthur Bedrosian v. United States, et al. Third Circuit 2022-12-29 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) civil-penalty civil-procedure due-process foreign-account foreign-account-reporting irs objective-standard statutory-interpretation subjective-standard tax willful-violation willfulness Whether willfulness under 31 U.S.C. § 5321(a)(5)(C) should be determined according to a subjective, rather than objective, standard that focuses on an…
22-5793 Thomas A. Forrest, et ux. v. United States Federal Circuit 2022-10-07 Denied Response WaivedRelisted (2)IFP civil-procedure due-process equitable-tolling internal-revenue-code judicial-precedent military-benefits military-retirees statutory-interpretation tax tax-recovery 1. Whether the Supreme Court erred in their interpretation of the Internal Revenue Code in United States v. Brockamp, 519 U.S. 347 (1997) by disallowi…
21-1528 Patrick Combs, aka Patrick Davy Combs v. Commissioner of Internal Revenue Ninth Circuit 2022-06-06 Denied Response Waived anticipatory-assignment-of-income church civil-rights constitutional-rights constructive-dividends due-process ninth-circuit tax tax-court Whether the Ninth Circuit Court committed treason to the Constitution and denied Petitioner his due process of Law by affirming the Tax Court's Order …
21-7422 Edward Shane West-El v. Internal Revenue Service, et al. Eleventh Circuit 2022-03-21 Denied Response WaivedIFP administrative-law appellate-procedure civil-rights constitutional-rights court-access delegated-authority due-process government-authority in-forma-pauperis judicial-review standing tax 1. Where does Charles P. Rettig and his employee's that are on his staff get the Delegated Authority to question the Plaintiff Edward Shane West-El re…
21-7159 Garland E. Williams v. United States Federal Circuit 2022-02-18 Denied Response WaivedIFP civil-procedure civil-rights due-process judicial-review jurisdictional-threshold merit-injury money-mandating standing statutory-interpretation tax tax-refund 1. Whether merit injury claims suffice in the undecided proceedings; titled open thereunder; "Williams v. U.S.," 1:21-CV01632-EMR; thereof United Stat…
21-1067 Ra Nu Ra Khuti Amen Bey v. United States Federal Circuit 2022-02-01 Denied Response Waived civil-rights constitutional-rights due-process federal-jurisdiction federal-questions original-issue-discount secured-party-creditor standing takings tax tax-liability 1. Whether plaintiffs ' erroneously given "inferior status " and denied the right to redress the UNITED STATES on obligations such as certificates of…
21-912 Jeffrey T. Maehr v. Department of State Tenth Circuit 2021-12-21 Denied Response Waived administrative-action civil-rights constitutional-rights debt-collection due-process government-sanction passport passport-revocation tax tax-debt travel Pursuant to a recently enacted federal statute, the State Department revoked Petitioner Jeffrey Maehr's passport, and hence his constitutionally estab…
21-6483 Robert A. McNeil v. Department of State, et al. District of Columbia 2021-12-02 Denied Response WaivedIFP administrative-procedure appellate-jurisdiction civil-procedure due-process irs judicial-review passport-revocation standing tax tax-law Do courts of appeal nationwide exhibit a pattern and practice of refusing to adjudicate EVERY issue presented by the Class of disrespected, unrepresen…
21-775 Thomas Edward Rubin v. United States Ninth Circuit 2021-11-24 Denied Response WaivedRelisted (2) cancellation-of-debt congressional-authority debt-cancellation due-process income-recognition ninth-circuit summary-judgment tax tax-law Did the Ninth Circuit err when, disregarding the precedential cases in the Ninth Circuit, in sister circuits, and in this Court, it disallowed a taxpa…
21-624 Brian D. Swanson v. Commissioner of Internal Revenue Eleventh Circuit 2021-10-28 Denied Response Waived 11th-circuit circuit-court commissioner direct-tax frivolous income-tax internal-revenue supreme-court supreme-court-precedent tax taxable-income 1. May the Commissioner of Internal Revenue collect a uniform direct tax on Petitioner's taxable income? 2. Does the decision of The Eleventh Circuit…
21-405 Emerald Home Care, Inc. v. Department of Unemployment Assistance Massachusetts 2021-09-15 Denied Response Waived constitutional-rights due-process first-amendment free-speech preemption speech-restriction supremacy-clause tax tax-law This case concerns, as far as Petitioner can determine, the first law in American history that restricts taxpayers' speech about a tax. It also concer…
21-261 Carrie Rae Eldridge v. Commissioner of Internal Revenue Ninth Circuit 2021-08-23 Denied Response WaivedRelisted (2) 14th-amendment civil-rights class-legislation direct-tax due-process equal-protection graduated-taxation jurisdiction standing subject-matter-jurisdiction tax Does subject-matter jurisdiction exist to enforce the income tax as a direct tax without limitation? Is the graduated taxation of citizens unconstitu…
21-5330 Laura Marie Scott v. Nandan Patel, et al. Sixth Circuit 2021-08-10 Denied Response WaivedRelisted (2)IFP bankruptcy bankruptcy-exemption civil-procedure civil-rights due-process federal-preemption michigan-v-long monroe-v-pape standing subject-matter-jurisdiction tax trustee-liquidation Does enjoining both courts in contradictory reliance on faux removal of a 100% exempt parcel (11 U.S.C.) revested in Petitioner before removal from th…
20-7924 Edward Shane West-El v. Armando Vasquez Eleventh Circuit 2021-05-04 Denied IFP civil-rights due-process human-rights international-law tax treaty In Earle v McVeigh, 91 US 503,23 L Ed 398, it says " Every person is entitled to an opportunity to be heard in a court of law upon every question inv…
20-7919 Edward Shane West-El v. C. K. ONeal Eleventh Circuit 2021-05-04 Denied Response WaivedIFP administrative-law administrative-procedure civil-rights constitutional-rights delegated-authority due-process indigenous-status judicial-hearing jurisdiction standing tax tax-compliance 1. Where does C. K. Oneal of the Internal Revenue Service get the Delegated Authority to requests and threaten a Moorish American, Aboriginal, Indigen…
20-961 John Henry Ryskamp v. Commissioner of Internal Revenue Ninth Circuit 2021-01-15 Denied Response Waived article-i-section-8 constitutional-scrutiny due-process first-amendment free-speech general-welfare janus-precedent janus-v-afscme speech-component tax tax-system Under Janus v. AFSCME, does the U.S. tax system violate U.S. Const, amend I because it contains a prohibited individually enforceable protected speech…
20-880 Michael H. Holland, as Trustee for the United Mine Workers of America Combined Benefit Fund and United Mine Workers of America 1992 Benefit Plan, et al. v. Westmoreland Coal Company, et al. Fifth Circuit 2021-01-04 Denied Response RequestedRelisted (2) anti-injunction-act bankruptcy-code circuit-split coal-act south-carolina-v-regan statutory-interpretation tax tax-assessment 1. Is the South Carolina v. Regan exception to the Anti-Injunction Act available to debtors who want to avoid paying a tax for reasons unrelated to th…
20-114 Michael Edward Bufkin v. Scottrade, Inc., et al. Eleventh Circuit 2020-08-04 Denied administrative-law arbitration-dispute civil-procedure compelled-arbitration due-process finra foia-request judicial-procedure standing statutory-interpretation tax tax-controversy 1. Was it error to compel FINRA arbitration of this "tax" dispute? 2. Was it error to refer anything to the un-consented-to magistrate? 3. Was it ab…
19-1449 Ronald E. Davis v. Commissioner of Internal Revenue Tenth Circuit 2020-07-01 Denied Response Waived 14th-amendment administrative-law civil-procedure civil-rights due-process equal-protection jurisdiction racial-discrimination school-desegregation standing tax Question not identified.
19-8143 Oliver Vaughn Douce Al Dey v. Brevard County Tax Collector, et al. Florida 2020-03-30 Denied Response WaivedIFP ad-valorem-tax civil-rights constitutional-challenge discovery discovery-rights due-process procedural-requirements property-rights quiet-title standing tax tax-authority whether appellees has authority without a statute law by Congress, may impose tax for private household good personal effect non-commercial? whether …
19-1019 Texas, et al. v. California, et al. Fifth Circuit 2020-02-14 Judgment Issued affordable-care-act affordable-care-act-aca congress congressional-intent constitutional-interpretation due-process health-insurance individual-mandate severability standing tax 1. Whether the unconstitutional individual mandate to purchase minimum essential coverage is severable from the remainder of the ACA. 2. Whether the …
19-1009 Altera Corporation & Subsidiaries v. Commissioner of Internal Revenue Ninth Circuit 2020-02-13 Denied Amici (5) administrative-procedure-act arm's-length-standard chevron-deference cost-sharing rulemaking stock-based-compensation tax tax-regulation tax-treaties treasury-department 1. Whether the Treasury Department's regulation is arbitrary and capricious and thus invalid under the Administrative Procedure Act, 5 U.S.C. 551 et s…
19-954 Brian E. Harriss v. Commissioner of Internal Revenue Ninth Circuit 2020-01-30 Denied Response Waived amendment-xvi civil-rights constitutional constitutional-interpretation direct-taxation due-process income-tax ninth-circuit standing statutory tax tax-law 1. Did the Ninth Circuit commit reversible and plain Constitutional error by recharacterizing, without evidence, Petitioner's right to refute Commissi…
19-929 Louis S. Shuman, et ux. v. Commissioner of Internal Revenue Fourth Circuit 2020-01-24 Denied Response WaivedRelisted (2) 5th-amendment administrative-procedure civil-procedure due-process internal-revenue-code irs judicial-review standing tax tax-law Whether the IRS and lower Courts application of IRC 6214(b) and IRC 6402 violate the Due Process Clause of the 5th Amendment.
19-806 Michael S. Barth v. Township of Bernards, New Jersey, et al. New Jersey 2019-12-26 Denied Response Waived certiorari-review civil-procedure constitutional-procedure due-process federal-jurisdiction legal-precedent procedural-due-process standing supreme-court-review takings tax truck-council There are a number of questions and sub questions whether to revisit, or distinguish this case from, National Private Truck Council. Inc, v. Oklahoma …
19-6481 Harold B. Rotte v. United States Eleventh Circuit 2019-11-04 Rehearing Response WaivedRelisted (2)IFP administrative-law civil-rights due-process equal-protection government-misconduct illegal-immigration irs judicial-review reputation standing tax tax-dispute 1.Whether the laws protect Plaintiffs reputation, due process, and are real, or a front, discretionary as if friend or foe. 2.Whether the FBI knew o…
19-576 Interior Glass Systems, Inc. v. United States Ninth Circuit 2019-11-01 Denied Response Waived administrative-hearing due-process hearing irs iRS-collection penalties seizure statutory-interpretation tax tax-penalties vagueness vagueness-doctrine 1. Is the collection of tax penalties an exception to the requirements of due process, or does a citizen have a right to a hearing before the IRS seiz…
19-6338 Gerald Nelson v. Commissioner of Internal Revenue Second Circuit 2019-10-22 Denied Response WaivedRelisted (2)IFP arbitration arbitration-award back-pay back-pay-settlement civil-rights due-process gross-income gross-income-taxation section-1983 tax tax-law tax-liability unemployment unemployment-benefits 1. 26 U.S.C 61 (a) , defines Gross income means all income from whatever source derived. Question: If gross income ,includes back pay settlements that…
19-402 Howard L. Baldwin, et ux. v. United States Ninth Circuit 2019-09-25 Denied Amici (6)Relisted (4) administrative-law agency-deference brand-x-doctrine common-law common-law-mailbox-rule stare-decisis statutory-interpretation tax tax-refund (1) Should Brand X be overruled? (2) What, if any, deference should a federal agency's statutory construction receive when it contradicts a court's p…
19-334 Norman Douglas Diamond v. United States, et al. Ninth Circuit 2019-09-12 Denied Response Waived administrative-law administrative-procedure civil-rights document-retention due-process government-accountability government-liability jurisdictional-challenge non-resident-rights standing takings tax tax-refund unauthorized-collection 1. Despite the US jailing former IRS employees for stolen identity refund fraud, the IRS still refuses to refund the legitimate taxpayer's overpayment…
19-214 Michael R. Presley, et al. v. United States Eleventh Circuit 2019-08-19 Denied Response Waived circuit-split civil-procedure civil-rights due-process financial-privacy internal-revenue-code notice-requirements preemption right-to-financial-privacy standing summons-enforcement tax tax-investigation third-party-summons Whether, by holding that the federal Right to Financial Privacy Act was fully preempted by the Internal Revenue Code despite the Tenth Circuit's decis…
19-200 Billy F. Hawk, Jr., et al. v. Commissioner of Internal Revenue Sixth Circuit 2019-08-16 Denied Response Waived 6901 circuit-split commissioner-v-stern creditor-rights federal-tax-doctrine statutory-interpretation strict-liability tax tax-cases transaction-collapsing transferee-knowledge uniform-fraudulent-transfer-act 1. Whether the Sixth Circuit's decision conflicts with the decisions of the First, Second, Fourth, and Ninth Circuits regarding whether an alleged tra…
19-95 Linda Bolton, et vir v. United States Fifth Circuit 2019-07-18 Denied Response Waived civil-rights constitutional-rights criminal-procedure due-process fifth-amendment government-misconduct grand-jury judicial-precedent perjured-testimony tax tax-prosecution 1. Whether tax prosecutions can be now be authorized by the Commissioner of the Internal Revenue Service for investigation by a grand jury and approve…
18-1583 Lewis F. Carter v. United States Fourth Circuit 2019-06-26 Denied Response WaivedRelisted (2) 7th-amendment article-i-powers civil-procedure constitutional-taxing-power direct-tax due-process judicial-estoppel standing subject-matter-jurisdiction tax tax-enforcement tax-power A. Can the district court violate the doctrine of judicial estoppel by improperly changing in the Final Order of the Court the claimed subject-matter …
18-9192 Michael Balice v. United States Third Circuit 2019-05-09 Granted Response WaivedIFP 16th-amendment civil-procedure civil-procedure-summary-judgment constitutional-limitations due-process federal-jurisdiction jurisdiction standing statute-of-limitations subject-matter-jurisdiction summary-judgment tax tax-lien trial-by-jury The grant of summary judgment was erroneous and improper because many factual disputes still existed between the litigants for every tax-year in dispu…
18-1405 Robert N. Taylor, III v. United States Third Circuit 2019-05-08 Denied Response Waived civil-rights constitutional-rights due-process first-amendment good-faith income-tax standing tax tax-liability waiver waiver-of-rights Whether a citizen who is standing upon his constitutionally protected rights can be compelled, against his good faith understanding of his liability u…
18-8249 Rickey Morgan v. Dale W. Steager, West Virginia State Tax Commissioner West Virginia 2019-03-04 Denied IFP 14th-amendment administrative-law civil-rights code-interpretation due-process judicial-review legal-obligation mandamus prosecutorial-duty refund state-law state-tax-commissioner tax 1) Does The West Virginia State Tax Commissioner Dale Steager have an illegal obligation pursuant to West Virginia Code § 1-5, to concede the petition…
18-1122 Alpenglow Botanicals, LLC, et al. v. United States Tenth Circuit 2019-02-27 Denied Response RequestedResponse WaivedRelisted (2) 26-usc-280e administrative-determination administrative-determinations administrative-law civil-rights criminal-culpability criminal-law criminal-penalties drug-crimes drug-trafficking due-process irs irs-investigation section-280e standing tax tax-deductions tax-law 1) Did Congress, under 26 U.S.C. §280E, empower the IRS and its civil auditors to investigate federal drug law crimes and administratively determine w…
18-1100 Wayne D. Ramsay v. Commissioner of Internal Revenue Fifth Circuit 2019-02-22 Denied Response Waived administrative-law administrative-procedure deficiency deficiency-interest interest internal-revenue-service jurisdiction statutory-interpretation tax tax-court tax-law DOES THE U.S. TAX COURT HAVE JURISDICTION TO DETERMINE DEFICIENCY INTEREST ASSESSED BY THE INTERNAL REVENUE SERVICE?
18-7887 Rodney Lyle Roberts v. United States Fifth Circuit 2019-02-11 Denied Response WaivedIFP 16th-amendment apportionment brushaber-case constitutional-basis constitutional-interpretation direct-income-tax direct-tax fifth-circuit-precedent income-tax parker-v-commissioner precedent sixteenth-amendment tax tax-law Whether the Fifth Circuit precedent, in their ruling in Parker v. Commissioner 7724F.2d469fliQ'L), becomes unassailable in holding that the Supreme Co…
18-1003 Norma L. Slone, et al. v. Commissioner of Internal Revenue Ninth Circuit 2019-02-01 Denied Response Waived appellate-review clearly-erroneous fact-finding factual-findings judicial-procedure standard-of-review tax tax-court tax-court-deference Whether a court of appeals may reverse a fact-dependent ruling of the tax court without articulating any standard of review, finding that any of the t…
18-936 Jeremy Kettler v. United States Tenth Circuit 2019-01-18 Denied Amici (2) 2nd-amendment congressional-taxing-power constitutional-challenge constitutional-law cox-v-new-hampshire due-process murdock-v-pennsylvania national-firearms-act second-amendment sound-suppressor standing statutory-interpretation tax taxation united-states-v-sonzinsky 1. Whether the National Firearms Act of 1934, upheld in Sonzinsky, continues to be a constitutional exercise of Congress's taxing power when the justi…
18-895 The Miccosukee Tribe of Indians of Florida v. United States Eleventh Circuit 2019-01-10 Denied Response RequestedResponse WaivedRelisted (2) general-welfare-benefits gross-income income-tax-exclusion indian-gaming indian-gaming-regulatory-act indian-general-welfare-benefits statutory-interpretation tax tax-interpretation tribal-general-welfare-exclusion-act tribal-welfare The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, "[g]ross income does not include the value of any Indian general w…
18-789 Cecilia M. Hylton v. Commissioner of Internal Revenue Fourth Circuit 2018-12-20 Denied Response Waived 26-usc-183 appellate-procedure civil-procedure due-process hobby horse-activity-taxation horse-related-activities per-curiam-decision section-183-hobby-loss tax tax-law taxation unpublished-opinion 1. Is petitioner denied due process of law when the court of appeals failed to timely advise her whether oral argument (which each party requested) wo…
18-554 Charles J. Weiss v. Commissioner of Internal Revenue District of Columbia 2018-10-29 Denied Response Waived administrative-law due-process irs levy-action notice statutory-interpretation tax tax-notice taxpayer-rights under the notice prong of the Fifth Amendment due process clause and the statute itself, whether the IRS notice means what it says – as the 3rd, 9th, …
18-6128 Norman Douglas Diamond v. Commissioner of Internal Revenue District of Columbia 2018-09-28 Denied Response WaivedRelisted (2)IFP due-process fraud irs irs-corruption jurisdiction jurisdictional-notice overpayment-refund statutory-guarantee statutory-notice tax tax-court tax-court-jurisdiction tax-deficiency tax-evasion tax-fraud Former IRS employees have been for fraud and embezzlement of income tax withholdings originally collected legally. The IRS still does not credit petit…
18-5607 Friday Ogunyemi James v. United States Third Circuit 2018-08-16 Denied Response WaivedIFP criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness 1. Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the ev…
18-5541 Darren Kyle Stepp-Zafft v. United States Eighth Circuit 2018-08-14 Denied Response WaivedIFP 2nd-amendment commerce-clause congressional-power criminal-penalty due-process firearms-regulation national-firearms-act nfa-firearms right-to-bear-arms second-amendment tax taxation united-states-constitution Is 26 U.S.C. § 5861(d) a valid exercise of Congress's power to tax?
18-5353 Juanita L. Berry v. United States Third Circuit 2018-07-25 Denied Response WaivedIFP civil-procedure court-of-appeals district-court due-process income-classification income-tax irs-regulations loans loss-calculation promissory-notes property-rights tax tax-evasion tax-law wire-fraud 1. Whether the Court of Appeals erred in affirming the District Court's legal holding that promissory notes between Berry and a vendor were income and…
18-51 Brad Francis, et ux. v. Commissioner of Internal Revenue Eighth Circuit 2018-07-10 Denied Response Waived administrative-law civil-procedure due-process eighth-circuit jurisdictional-review personal-jurisdiction standing subject-matter-jurisdiction tax tax-court This is a call for the Court to exercise its supervisory power over the lower courts: Specifically, this case seeks review of the Eighth Circuit Court…
18-5076 Billy R. Melot v. Commissioner of Internal Revenue Fifth Circuit 2018-07-03 Denied Response WaivedIFP appeals civil-procedure civil-rights constitutional-law due-process jurisdiction standing tax venue 1} Whether the 5" Circuit Decision is an intervening controlling Precedent that affects the Justiciability of Appellant's claims: 2) That without the…