Nevius - CA10 Bounces Boilerplate Protestor Arguments, Adds Sanctions

[jcolvin2]

http://media.ca8.uscourts.gov/opndir/17/07/163255U.pdf


United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-3255
___________________________
Bryon B. Nevius
Appellant
v.
Commissioner of Internal Revenue Service
Appellee
____________
Appeal from The United States Tax Court
____________
Submitted: July 6, 2017
Filed: July 27, 2017
[Unpublished]
____________
Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Bryon Nevius appeals a decision of the tax court,1 which dismissed his petition challenging a notice of deficiency issued by the Commissioner of Internal Revenue, and upheld the assessments set forth in the notice of deficiency. The Commissioner urges affirmance, and has moved for sanctions on appeal. Having jurisdiction under 26 U.S.C. § 7482(a)(1), this court affirms.

After careful review, this court concludes that the tax court properly dismissed the petition, as courts have repeatedly rejected Nevius’s boilerplate tax-protester arguments. See Campbell v. Comm’r, 164 F.3d 1140, 1142 (8th Cir. 1999) (standards of review for tax court decisions); Shenker v. Comm’r, 804 F.2d 109, 114 n. 6 (8th Cir. 1986) (courts have uniformly upheld the constitutionality of the tax court); United States v. Jagim, 978 F.2d 1032, 1036 (8th Cir. 1992) (rejecting defendant’s argument--that he was citizen of Republic of Idaho, and therefore not subject to federal income tax--as “completely without merit, [and] patently frivolous”).

Finally, this court may award “just damages” and single or double costs if it determines that an appeal is frivolous. 28 U.S.C. § 1912; Fed. R. App. P. 38. In this case, sanctions are appropriate. See United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam) (rejecting the argument that “Free Citizens of the
Republic of Minnesota” were not subject to taxation; granting government’s motion for sanctions for frivolous appeal).

The judgment is affirmed, and this court grants the Commissioner’s motion for sanctions in the amount of $5,000.

1 The Honorable Michael B. Thornton, Chief Judge, United States Tax Court
______________________________

[Arthur Rubin]

Isn't that CA8, rather than CA10?

[Famspear]

Here are the Tax Court determinations (re-determinations) (case no. 011959-15), which were affirmed by the Court of Appeals for the Eighth Circuit:

year 2006
tax: $233,990.00
sec 6651(a)(1) penalty: $58,497.50
sec 6662(a) penalty: $46,798.00
total: $339,285.50

year 2007
tax: $181,311.00
sec 6651(a)(1) penalty: $45,327.75
sec 6662(a) penalty: $36,262.20
total: $262,900.95

year 2008
tax: $191,353.00
sec 6651(a)(1) penalty: $47,838.25
sec 6662(a) penalty: $38,270.60
total: $277,461.85

year 2009
tax: $53,299.00
sec 6651(a)(1) penalty: $13,324.75
sec 6662(a) penalty: $10,659.80
total: $77,283.55

total tax: 659,953.00
total penalties: $296,978.85
"total total": $956,931.85 ......

.............................................PLUS INTEREST!

[jcolvin2]

Isn't that CA8, rather than CA10?

Yes. My bad.