From Casetext: Smarter Legal Research

Kasey v. C. I. R

United States Court of Appeals, Ninth Circuit
Mar 29, 1972
457 F.2d 369 (9th Cir. 1972)

Summary

stating that argument that income taxes violate thirteenth amendment is meritless and does not take into consideration the passage of the sixteenth amendment specifically authorizing income taxes

Summary of this case from State of Wisconsin v. Almendinger

Opinion

No. 71-1636.

March 13, 1972. Rehearing Denied March 29, 1972.

J. Bryant Kasey, in pro. per.

Johnnie M. Walters, Asst. Atty. Gen., K. Martin Worthy, Chief Counsel, Washington, D.C., for appellee.

Petition for review from the Tax Court of the United States.

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges.


The taxpayers appeal from a decision of the Tax Court, 54 T.C. 1642, which upheld the Commissioner's denial of certain deductions claimed by appellants for various litigation-related expenses, and which limited the amount of their deductions for travel expenses to 10-cents a mile.

The litigation in which appellants were involved during the years in which the deductions were claimed appears in Kasey v. Molybdenum Corporation of America, 9 Cir., 1964, 336 F.2d 560. The Tax Court ruled that the expenses attributable to that litigation must be considered to be either related to the defense or perfection of the title to property or a personal expense. There is ample support in the record for this characterization of those expenses. Personal expenses are not deductible under Section 262 of the Internal Revenue Code of 1954. Expenses incurred in the defense or perfection of the title to property are not currently deductible under Treasury Regulation § 1.212-1(k). Porter Royalty Pool Inc. v. Commissioner of Internal Revenue, 6 Cir., 1948, 165 F.2d 933, 936, cert. denied, 1948, 334 U.S. 833, 68 S.Ct. 1347, 92 L.Ed. 1760; Jones' Estate v. Commissioner of Internal Revenue, 5 Cir., 1942, 127 F.2d 231; Farmer v. Commissioner of Internal Revenue, 10 Cir., 1942, 126 F.2d 542, 544.

The appellants had the burden of proving that the actual expense of traveling in their personal car was greater than the 10-cents a mile allowed by the Commissioner under Rev.Rul. 64-10, 1964-1 Cum.Bull. (Part I) 667. Helvering v. Taylor, 1935, 293 U.S. 507, 55 S.Ct. 287, 79 L.Ed. 623; Rule 23, Tax Court Rules of Practice. The appellants failed to satisfy their burden of proof.

The appellants finally argue that the record-keeping requirements and the requirement that taxpayers shall prepare and file their tax returns, as established by the Internal Revenue Code and the Internal Revenue Service, violate their privilege against self-incrimination under the Fifth Amendment and amount to involuntary servitude, prohibited by the Thirteenth Amendment. There is no merit to these arguments. United States v. Sullivan, 1927, 274 U.S. 259, 47 S.Ct. 607, 71 L.Ed. 1037; Abney v. Campbell, 5 Cir., 1953, 206 F.2d 836, cert. denied, 1954, 346 U.S. 924, 74 S.Ct. 311, 98 L.Ed. 417. In arguing that the only proper tax would be something like a sales tax, the taxpayers seem to have overlooked the Sixteenth Amendment to the Constitution, which gives Congress "power to lay and collect taxes on incomes."

Affirmed.


Summaries of

Kasey v. C. I. R

United States Court of Appeals, Ninth Circuit
Mar 29, 1972
457 F.2d 369 (9th Cir. 1972)

stating that argument that income taxes violate thirteenth amendment is meritless and does not take into consideration the passage of the sixteenth amendment specifically authorizing income taxes

Summary of this case from State of Wisconsin v. Almendinger

In Kasey v. Commissioner, 457 F.2d 369 (9th Cir. 1972), cert. denied, 409 U.S. 869, 34 L.Ed.2d 120, 93 S.Ct. 197 (1972), it was held that the record-keeping requirements and the requirement that the taxpayer shall prepare and file his own tax returns as required by the Internal Revenue Code does not amount to involuntary servitude under the Thirteenth Amendment or violate the Fifth Amendment.

Summary of this case from Dep't of Revenue v. March
Case details for

Kasey v. C. I. R

Case Details

Full title:J. BRYANT KASEY AND MARYANN KASEY, PETITIONERS, v. COMMISSIONER OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 29, 1972

Citations

457 F.2d 369 (9th Cir. 1972)

Citing Cases

 West v. Comm'r of Internal Revenue

Rev. Proc. 70-25 in itself creates no deduction, but was intended to provide some relief from the…

United States v. Shimek

Federal income tax withholding does not result in a taking of property without due process and is a…