No. 23-5680

Daniel Villa v. Commissioner of Internal Revenue

Lower Court: District of Columbia
Docketed: 2023-10-02
Status: Denied
Type: IFP
Response WaivedRelisted (3)IFP
Tags: administrative-procedure-act agency-action direct-evidence due-process judicial-review standing statutory-interpretation tax-court-jurisdiction tax-relief-and-health-care-act-of-2006 whistleblower whistleblower-award
Key Terms:
AdministrativeLaw DueProcess Securities Patent
Latest Conference: 2023-12-08 (distributed 3 times)
Question Presented (AI Summary)

Whether Judicial Discretion dissolves in the presence of Direct Evidence, Statutory, and/or Procedural requirements

Question Presented (from Petition)

QUESTIONS PRESENTED Section 704 of the Administrative Procedure Act subject's final agency actions to mandatory judicial review if no other adequate remedy exists in any court. When Congress enacts a specific remedy where previous remedies were tenuous, the remedy provided is generally regarded as exclusive. The Tax Relief and Health Care Act of 2006 provides jurisdiction for the U.S. Tax Court to review the denial of whistleblower mandatory award applications. ; The questions presented are: 1. Whether Judicial Discretion dissolves in the presence of Direct Evidence, Statutory, and/or Procedural requirements, not otherwise defeated, among undesirably whipsaw postured sets of similar cases prejudice by delay, and that of which posing fully culpable of consolidation and reconsideration to economically correct and preserve judicial impartiality? 2. Whether negative award determinations and/or threshold rejections of whipsaw postured sets of similar whistleblower award requests, statutorily imprisoned onto separate Administrative Files, are immune from the judicial review process established through the Administrative Procedure Act when either case’s ; administrative file contains SelfAuthenticating Direct Evidence of Master Fraud, Secretary's Administrative Judicial Actions, and collection of eligible proceeds? -Q.P.1-: Questions Presented -Redacted for Publication -3. Whether 26 USC § 7623 grants jurisdiction to the U.S. Tax Court (USTC”) to review award determinations and/or rejections made under § 7623(b) and/or § 7623(a)? 4. Whether governmental Agencie’s; (e.g., Arizona Department of Transportation Office of Inspector General, Securities Exchange Commission Office of Inspector General, Arizona Attorney General (“AZAG”), Consumer Financial Protection Bureau (“CFPB’), or other executive branch empowered Agencie's)” Otherwise responsible for the overviews, enforcements, collections, savings, and administration of certain areas of taxation such as (e.g., Excise Tax, Fuel Tax, Motor Fuel Tax, Income Taxes, etc.) are considered “Employee’s” and/or “Officers” designated under, 5 USC Section 2105, as “Any investigator, agents, or other internal revenue officers by whatever term designated, whom the Secretary charges with duty of enforcing any of the criminal, seizure, or forfeiture provisions of Subtitle E or of any other law of the United States pertaining to the commodities _ subject to tax under such subtitle for the enforcement of which secretary is responsible?” --Q.P.2-Questions Presented -Redacted for Publication -5. Whether designated 5 USC Section 2105 designated investigators, agents, or other internal revenue officers vested separations of powers statutorily responsible for the collaborative and individual departmental annual reporting requirements and fraud mitigation enforcement as designated, 26 USC §§ 7701,7803, Secretary’s, other delegates of redelegated authority, or other officials under the U.S. Secretary of Treasury pursuant to Inspector General Act of 1978 and The Tax Relief and Health Care Act of 2006? _ 6. Whether Governmental Agencie’s among defined Secretary's of redelegated authority’s under the U.S. Secretary of Treasury tasked at reviewing, investigating, and awarding of mandatory whistleblower award claims under 26 USC 76283 (b) are inherently statutorily responsible at ensuring the proper departmental systems and procedures are implemented to abide impartially by the Federal Rules of Evidence when intaking, classification, consideration, handling, and storing of confidential Whistleblowers Physical and Electronically stored SelfAuthenticating Direct Evidence provided in support of the Whistleblowers requests, certified Target Taxpayers (“T.T’s”) violations, and/or agency actions and collection of proceeds against “T.T’s”? 7. Whether the Whistleblower's Office "WO” of the Internal Revenue Service (TRS”) may avoid its statutory and regulatory responsibilities by rejecting claims Q.P3Questions Presented

Docket Entries

2023-12-11
Rehearing DENIED.
2023-11-21
DISTRIBUTED for Conference of 12/8/2023.
2023-11-13
2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-11
Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
2023-10-02
Motion (23M5) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2023-07-12
MOTION (23M5) DISTRIBUTED for Conference of 9/26/2023.
2023-04-21
Motion (23M5) for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
2023-04-21
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due November 1, 2023)

Attorneys

Commissioner of Internal Revenue
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Daniel Allen Villa
Daniel Villa — Petitioner
Daniel Villa — Petitioner