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McNair v. Eggers

United States Court of Appeals, Eleventh Circuit
May 9, 1986
788 F.2d 1509 (11th Cir. 1986)

Summary

rejecting such "tax protestor type arguments" as "patently frivolous"

Summary of this case from Williams v. Comm'r

Opinion

No. 85-8702. Non-Argument Calendar.

May 9, 1986.

Glenn L. Archer, Jr., Michael L. Paup, Gary R. Allen, Douglas G. Coulter, Asst. Attys. Gen., Tax. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Georgia.

Before GODBOLD, Chief Judge, HILL and ANDERSON, Circuit Judges.


Appellant McNair appeals the district court's dismissal of his "Petition for Writ of Prohibition" for lack of jurisdiction. Appellant's complaint sought to prevent the collection of taxes assessed against him. As such, it was proscribed by the Anti-Injunction Act, 26 U.S.C. § 7421 (1982). We agree with the district court that this action was not within the exception noted in Enochs v. Williams Packing Navigation Co., 370 U.S. 1, 6-7, 82 S.Ct. 1125, 1128-29, 8 L.Ed.2d 292 (1962). Moreover, appellant's action, to the extent he sought return of his property, was not properly before the district court because he did not allege he had filed a claim for refund or credit with the Internal Revenue Service. 26 U.S.C. § 7422(a) (1982). We therefore affirm the district court's decision.

On appeal, the government asks that sanctions be imposed against appellant for filing a frivolous appeal. Where an appellant's contentions are stale and have long been settled, sanctions may be imposed, including double costs and attorney's fees. See e.g., Waters v. Commissioner, 764 F.2d 1389, 1390 (11th Cir. 1985) Biermann v. Commissioner, 769 F.2d 707, 708 (11th Cir. 1985). Appellant asserts various tax protester type arguments: (1) the Internal Revenue Service has no jurisdiction over him; (2) his wages are not "income;" and (3) he is not a person subject to tax. These arguments are patently frivolous and have been rejected by our court numerous times. Under these circumstances, it is appropriate to exercise our discretion to award double costs and reasonable attorney's fees. We remand to the district court for a determination of reasonable attorney's fees to be awarded to the government for the cost of defending this appeal.

AFFIRMED, (double costs assessed) and REMANDED.


Summaries of

McNair v. Eggers

United States Court of Appeals, Eleventh Circuit
May 9, 1986
788 F.2d 1509 (11th Cir. 1986)

rejecting such "tax protestor type arguments" as "patently frivolous"

Summary of this case from Williams v. Comm'r

characterizing as "stale" and "patently frivolous" arguments that wages do not qualify as income and that the taxpayer is not "a person" subject to the tax laws

Summary of this case from U.S. v. Korman

imposing sanctions for frivolous appeal

Summary of this case from Stoecklin v. C.I.R

In McNair, 788 F.2d at 1510, we held that "Where an appellant's contentions are stale and have long been settled, sanctions may be imposed, including double costs and attorney's fees."

Summary of this case from Pollard v. Commissioner, I.R.S

describing the taxpayer's argument that his wages were not income as "patently frivolous"

Summary of this case from Harriss v. Comm'r

stating that arguments that the taxpayer is not a person subject to the income tax and that the Internal Revenue Service does not have jurisdiction over the taxpayer are "patently frivolous"

Summary of this case from Hill v. Comm'r

stating that arguments that the taxpayer is not a person subject to the income tax and that the Internal Revenue Service does not have jurisdiction over the taxpayer are "patently frivolous"

Summary of this case from Hill v. Comm'r

describing the taxpayer's argument that his wages were not income as "patently frivolous"

Summary of this case from Caton v. Comm'r of Internal Revenue

stating argument that taxpayer is not person subject to tax is "patently frivolous" and has been rejected by court numerous times

Summary of this case from Caton v. Comm'r of Internal Revenue
Case details for

McNair v. Eggers

Case Details

Full title:WILLIAM E. McNAIR, PLAINTIFF-APPELLANT, v. ROSCOE EGGERS, COMMISSIONER OF…

Court:United States Court of Appeals, Eleventh Circuit

Date published: May 9, 1986

Citations

788 F.2d 1509 (11th Cir. 1986)

Citing Cases

Pollard v. Commissioner, I.R.S

Arguments such as these are patently frivolous and similar arguments have been rejected by this Court on…

Herndon v. Comm'r

26 U.S.C. § 6673(a)(1). We have held that sanctions are particularly appropriate where a litigant "asserts…