No. 18-9192

Michael Balice v. United States

Lower Court: Third Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Key Terms:
AdministrativeLaw DueProcess Takings Securities Privacy Jurisdiction JusticiabilityDoctri
Latest Conference: 2019-06-13
Question Presented (AI Summary)

Whether the grant of summary judgment was erroneous and improper due to factual disputes between the litigants

Question Presented (OCR Extract)

ISSUES PRESENTED _ A. The grant of summary judgment was erroneous and improper because many factual disputes still existed between the litigants for every tax-year in dispute? The defendants’ evidence (a complete set of official, contradictory I.R.S. records), . was prejudicially ignored and were not honestly considered by the district court in its Orders, who should have allowed a jury to decide which litigant’s evidentiary documents were most relevant, created the true preponderance of evidence in the case, and were deemed to be most true and correct, and whose arguments at law were best supported by the evidence and the statutes, and therefore were most convincing. B. The record of the district court lacks a proper declaration of a fully granted subject-matter jurisdiction of the court that can be taken over each of the plaintiffs claims as argued in the Complaint under an erroneously argued power to tax income directly and without limitation under alleged authority of the 16th Amendment, which direct taxation is not authorized thereunder, but is in fact constitutionally twice prohibited by specific unrepealed and unamended Article I clauses of the U.S. Constitution. C. Can the Article I “Necessary and Proper” enforcement clause powers be invoked by the district court under a taxing power alleged to have been newly created by the 16 Amendment, in order to enforce in the court a taxing power that is still . constitutionally prohibited by two distinct Article I clause provisions? D. Can the district court enforce the claims of the plaintiff for the enforcement of a direct tax on income that is prohibited by the limitations imposed by Article I, Section 9, clause 4 of the Constitution, and which tax is based on a claimed power to violate the constitutional mandate imposed on all direct taxation by Article I, Section 2, clause 3 of the Constitution as well? i E. Violations of the Statute of Limitations under IRC Section 6501(a) & (g). F. The Defendant was wrongfully denied by the district court the constitutional right to a Trial by Jury whenever the facts of the dispute are themselves still in dispute and are contested between the litigants, and where the evidentiary records of each litigant are contradictory and not in agreement with each other, and where the amount in dispute exceeds $20. G. The district court’s arbitrary and capricious, alter-ego determination and rulings violate the controlling New Jersey “race-notice” State Law and ignores the controlling facts of the Title and the dispute which did not begin before the Title was transferred over 23 years ago. H. Is a Federal Notice of Tax Lien that contains a forged signature, an enforceable instrument in the district court? I. For five years the Defendants have been unconstitutionally denied the right to appear before the court in person to confront the claims made against them by their accusers, or to be allowed to speak in defense of their rights and private property under the written law and Constitution. Does a Defendant in a federal foreclosure action, which seeks the forfeiture of real property situated in one of the fifty states, have a due process Right to appear before the taking is effected, and therefore must be allowed at least ONE hearing and appearance before the court in person to speak, before the real property is sold at auction and taken by the United States? J. Does the federal district court lack the territorial jurisdiction to enforce its own judgments in the fifty states, by foreclosing upon real property situated therein, when state law exists therein to compel the state’s own courts to control and il adjudicate the enforcement of all judgments pursued for enforcement through the requested forced sale of real property located within the state? oo K. Lacking territorial jurisdiction, does the district court thérefore also lack the subject-matter jurisdiction absent a lawful seizure process necessary to enforce its own judgments upon property in o

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-07-08
Petition for Rehearing filed.
2019-06-17
Petition DENIED.
2019-05-29
DISTRIBUTED for Conference of 6/13/2019.
2019-05-22
Waiver of right of respondent United States to respond filed.
2019-05-09
Application (18A1152) to file petition for a writ of certiorari in excess of page limits granted by Justice Alito. The petition for a writ of certiorari may not exceed 45 pages.
2019-03-11
Application (18A1152) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Alito.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)
2019-01-29
Application (18A779) granted by Justice Alito extending the time to file until April 4, 2019.
2018-12-11
Application (18A779) to extend the time to file a petition for a writ of certiorari from February 3, 2019 to April 4, 2019, submitted to Justice Alito.

Attorneys

Michael Balice
Michael Balice — Petitioner
Michael Balice — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent