Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DARRELL G. MOTES, PLAINTIFF-APPELLANT, v. UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.

PER CURIAM:

Motes and numerous other individuals sued for a refund of income taxes under the Tucker Act, 28 U.S.C. § 1346. They advanced an arsenal of arguments, including violation of the Fifth Amendment to the Constitution; that their wages are not income subject to tax but are a tax on property such as their labor; that only public servants are subject to tax liability; that withholding of tax from wages is a direct tax on the source of income without apportionment in violation of the Sixteenth Amendment; that withholding taxes violates equal protection; that they should be allowed to exclude from the amount of wages they receive the cost of maintaining their well-being. In a series of cases this court has held that claims such as these are frivolous. U.S. v. Goetz, 746 F.2d 705 (11th Cir. 1984); Simanonok v. Commissioner, 731 F.2d 743, 744 (11th Cir. 1984); U.S. v. Vance, 730 F.2d 736, 738 (11th Cir. 1984); Melton v. Kurtz, 575 F.2d 547, 548 (5th Cir. 1978). The order of the district court was correct.

This court has imposed sanctions against individuals raising claims such as these. Waters v. Commissioner, 764 F.2d 1389 (11th Cir. 1985); Hobson v. Fischbeck, 758 F.2d 579 (11th Cir. 1985); Ricket v. U.S., 773 F.2d 1214 (11th Cir. 1985). Accordingly we award double costs and reasonable attorney's fees to the government. The case is REMANDED to the district court for a determination of reasonable attorney's fees to the government for the cost of defending this appeal.

AFFIRMED and REMANDED.

Use AI to get other relevant cases.

Comments

MOTES v. UNITED STATES
(Mar 31, 1986)