No. 25-28

Claude Franklin Sanders v. Commissioner of Internal Revenue

Lower Court: Sixth Circuit
Docketed: 2025-07-09
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act agency-filing federal-register income-tax jurisdiction tax-court
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Is the IRS required to publish in the Federal Register the places where federal income tax returns are to be filed, and are citizens subject to income tax only those residing in insular possessions?

Question Presented (from Petition)

The Administrative Procedure Act, 5f U.S.C. §552(a)(l)(a), requires federal agencies to publish in the Federal Register “descriptions of [each agency ’s] central and field organization and the established places at which ... the public ... make[s] submittals. ” If an agency fails to identify such places by means of something having the force of law, no penalty can be imposed for anyone ’s failure to file submittals. While the APA mandates the IRS legally identify the specific place (s) where Americans must file agency forms, the IRS has not published this information since the early 1970s. Such failure excuses tax penalties related to failures to file submittals. This case arises from the U.S. Tax Court, and concerns the correct meaning of the phrase “subject to the jurisdiction of the United States. ” This phrase appears in the 19th Amendment — “from the United States and all territory subject to the jurisdiction thereof ’ — and in that context, areas “subject to the jurisdiction ” of the United States are outside the States themselves. QUESTION 1: Is the IRS required by 5 U.S.C. §552(a)(l) to publish in the Federal Register the places where federal income tax returns are to be filed? QUESTION 2: Are the citizens whose income is taxed under Title 26 only those who are residing in the insular possessions or outside the 50 States? — ii —

Docket Entries

2025-10-06
Petition DENIED.
2025-08-13
DISTRIBUTED for Conference of 9/29/2025.
2025-08-06
Waiver of Federal Respondents of right to respond submitted.
2025-08-06
Waiver of right of respondent Federal Respondents to respond filed.
2025-08-06
Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
2025-06-13
2025-04-18
Application (24A1006) granted by Justice Kavanaugh extending the time to file until June 17, 2025.
2025-04-16
Application (24A1006) to extend the time to file a petition for a writ of certiorari from May 7, 2025 to June 17, 2025, submitted to Justice Kavanaugh.

Attorneys

Claude Franklin Sanders
Claude Franklin Sanders — Petitioner
Claude Franklin Sanders — Petitioner
Federal Respondents
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent