No. 20-6639

Todd Anthony Aurit v. Colorado

Lower Court: Colorado
Docketed: 2020-12-16
Status: Denied
Type: IFP
IFP
Tags: detention-authority foreign-estate foreign-person foreign-trust internal-revenue-code non-us-person tax-treaties tax-treaty taxpayer-relief-act
Key Terms:
Privacy
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the State of Colorado has lawful authority to detain the petitioner and his foreign estate and trust

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Court should resolve the following questions for which the higher state court denied last resort in this case: does the State of Colorado break the Act cited as the Pub. L. 105-34 "Taxpayer Relief Act of 1997", and contradict the ruling and/or determination ) letter from which has been neither revoked nor modified, from the Secretary of the Treasury recognizing the implementation to the Petitioner non-U.S. Person I.R.C. § 7701 (a) (1), as irrevocable and irreversible election | (individual waive the benefit to be treated as an U.S. Person under the provisions of U.S. tax treaties and notifies the Secretary of the commencement of such treatment), the relief provided prior to the effective date of this classification status may only be revoked with the , consent of the Commissioner. i | 2. Does the State of Colorado have lawful authority to continue to detain in custody to Todd Anthony Aurit as individual, Foreign Estate of Todd Anthony Aurit and Foreign Grantor Trust of Todd Anthony Aurit as entities, excluding the merit to consider statutory provision “section 301.7701-7 (f) (4) Gi) to this case in contravention of the safer harbor test; said trust is administered in a jurisdiction outside the United States Inc. and it is subject to an automatic migration provision described in section 301.7701-7 (c) (4) (ii), such estate | and trust shall be treated as having transferred immediately before becoming a foreign estate and trust. ii B. PARTIES INVOLVED Petitioner: todd-anthony:aurit. Inmate No. 127586. Box 1010 CTCF. ; Canon City. Colorado [81215] Non-Domestic-Mail W/O US. 28 USC 1746 (1). In Proper Personam Respondent: STATE OF COLORADO, PHIL WEISNER Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway, 9th Floor Denver, CO 80203 iii : 2. Does the State of Colorado have lawful authority to continue to detain in custody to todd-anthony:aurit as individual, Foreign Estate of Todd Anthony Aurit and Foreign Grantor Trust of Todd Anthony Aurit as entities, | excluding the merit to consider statutory provision (4) (ii) to this case in contravention of the safer harbor test; said trust is administered ina ; jurisdiction outside the United States Inc. and it is subject to an automatic migration provision described in section 301.7701-7 (c) (4) (ii), such estate and trust shall be treated as having transferred immediately before becoming a foreign estate and trust. 11 vi A. QUESTIONS PRESENTED FOR REVIEW 1. Whether the Court should resolve the following questions for which the higher state court denied last resort in this case: does the State of Colorado break the Act cited as the Pub. L. 105-34 "Taxpayer Relief Act of 1997", and contradict the ruling and/or determination letter from which has been neither revoked nor modified, from the Secretary of the Treasury recognizing the implementation to the Petitioner non-U.S. Person I.R.C. § 7701 (a) (1), as irrevocable and irreversible election : (individual waive the benefit to be treated as an U.S. Person under the provisions of U.S. tax treaties and notifies the Secretary of the commencement of such treatment), the relief provided prior to the effective date of this classification status may only be revoked with the / consent of the Commissioner.11 v 2. Does the State of Colorado have lawful authority to continue to detain in custody to todd-anthony:aurit as individual, Foreign Estate of Todd Anthony Aurit and Foreign Grantor Trust of Todd Anthony Aurit as entities, | excluding the merit to consider statutory provision (4) (ii) to this case in contravention of the safer harbor test; said trust is administered in a jurisdiction outside the United States Inc. and it is subject to an automatic migration provision described in section 301.7701-7 (c) (4) (ii), such estate and trust shall be treated as having transferred immediately before becoming a foreign estate and trust.11 | 2. TABLE OF CITED AUTHORITIES a. U.S. Public La

Docket Entries

2021-02-22
Petition DENIED.
2021-01-28
DISTRIBUTED for Conference of 2/19/2021.
2020-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2021)

Attorneys

Todd Anthony Aurit
Todd Anthony Aurit — Petitioner
Todd Anthony Aurit — Petitioner