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Kelley v. Terry

United States Court of Appeals, Ninth Circuit
Aug 27, 1980
629 F.2d 572 (9th Cir. 1980)

Opinion

No. CA 78-2750.

Argued and Submitted August 13, 1980.

Decided August 27, 1980.

Richard L. Kelley, pro se.

Ann B. Durney, Washington, D.C., argued, Philip I. Brenan, Atty., Washington, D.C., on brief, for defendants-appellees.

Appeal from the United States District Court for the Western District of Washington.

Before TRASK, ANDERSON and FARRIS, Circuit Judges.


Richard L. Kelley is before us per se urging that because he is forced to pay social security taxes his freedom of religion has been violated. He also contends that because the law is unequally applied it is discriminatory and thereby denies a taxpayer due process of law.

We have given careful consideration to citizen Kelley's claims set out in writing and urged upon us by oral argument. The same contentions and arguments have been presented to the Supreme Court of the United States. That court has rejected them and so must we. Helvering v. Davis, 301 U.S. 619, 57 S.Ct. 904, 81 L.Ed. 1307 (1937); Steward Machine Co. v. Davis, 301 U.S. 548, 57 S.Ct. 883, 81 L.Ed. 1279 (1937). See also, Fischer v. Secretary of H.E.W., 522 F.2d 493 (7th Cir. 1975). The social security tax is assessed uniformly against persons of all religious beliefs and thus does not violate taxpayer's freedom of religion. Cf. Graves v. Commissioner, 579 F.2d 392 (6th Cir. 1978), cert. denied, 440 U.S. 946, 99 S.Ct. 1423, 59 L.Ed.2d 634 (1979). We find the remainder of Kelley's contentions to be without merit.

The judgment of the district court is AFFIRMED.


Summaries of

Kelley v. Terry

United States Court of Appeals, Ninth Circuit
Aug 27, 1980
629 F.2d 572 (9th Cir. 1980)
Case details for

Kelley v. Terry

Case Details

Full title:RICHARD L. KELLEY, PLAINTIFF-APPELLANT, v. ROBERT M. TERRY, MICHAEL SASSI…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 27, 1980

Citations

629 F.2d 572 (9th Cir. 1980)

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