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
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2020-02-28
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 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?

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