Robert Orth v. CIR
Filing
Filed Nonprecedential Disposition PER CURIAM. Because this appeal is frivolous, we AFFIRM the decision of the Tax Court and direct Orth to show cause within 14 days why sanctions should not be imposed under Rule 38 of the Federal Rules of Appellate Procedure. See Szopa v. United States, 460 F.3d 884, 887 (7th Cir. 2006) (establishing that $4,000 is the presumptive sanction for a tax appeal of this type). Diane P. Wood, Chief Judge; Joel M. Flaum, Circuit Judge and Diane S. Sykes, Circuit Judge. [6932736-1] [6932736] [17-3348]
Case: 17-3348
Document: 27
Filed: 06/20/2018
Pages: 2
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 14, 2018*
Decided June 20, 2018
Before
DIANE P. WOOD, Chief Judge
JOEL M. FLAUM, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 17‐3348
ROBERT EDWARD ORTH,
Petitioner‐Appellant,
v.
COMMISSIONER OF INTERNAL
REVENUE,
Respondent‐Appellee.
Appeal from the
United States Tax Court.
No. 18049‐16
Ronald L. Buch,
Judge.
O R D E R
Robert Orth failed to file tax returns for two years because he believes the law
justifies his nonpayment. He petitioned the United States Tax Court for redetermination
of tax deficiencies and additions to tax assessed by the Commissioner of Internal
Revenue but elected to “reserve for appeal” his outlandish theories challenging the
legality of the tax code. His restraint was strategic; he knew that tax courts often impose
penalties on litigants who assert the frivolous tax‐protester arguments that Orth now
* We agreed to decide this case without oral argument because the appeal is
frivolous. See FED. R. APP. P. 34(a)(2)(A).
Case: 17-3348
Document: 27
Filed: 06/20/2018
Pages: 2
No. 17‐3348
Page 2
presents for review. See 26 U.S.C. § 6673(a)(1)(B). In his response to a motion for
summary judgment, Orth referred to his own arguments as “off‐limits” and
acknowledged that he is “banned from mentioning” and “barred from arguing” them in
the Tax Court. The Tax Court entered summary judgment for the Commissioner,
finding that Orth had not contested the facts establishing the tax deficiencies.
Orth insists that he is not a tax protester. Regardless of his disclaimer, he has
filed an appeal rife with tax‐protester arguments that this court and others have
repeatedly deemed frivolous. He contends, for example, that United States citizens are
not subject to an income tax, that the Treasury regulations violate the Sixteenth
Amendment because only Congress can collect income taxes, and that wages are not
taxable income. See United States v. Stuart, 773 F.3d 849, 850–51 (7th Cir. 2014)
(identifying tax‐protester argument that wages are not income); United States v. Benson,
561 F.3d 718, 720 (7th Cir. 2009) (calling a tax‐protester argument challenging the
constitutionality of the Sixteenth Amendment “frivolous”); United States v. Cooper,
170 F.3d 691, 691 (7th Cir. 1999) (labeling same arguments “frivolous squared”). Orth’s
arguments raise no nonfrivolous challenge to the Commissioner’s assessment and do
not excuse deficiencies in his income taxes.
Because this appeal is frivolous, we AFFIRM the decision of the Tax Court and
direct Orth to show cause within 14 days why sanctions should not be imposed under
Rule 38 of the Federal Rules of Appellate Procedure. See Szopa v. United States, 460 F.3d
884, 887 (7th Cir. 2006) (establishing that $4,000 is the presumptive sanction for a tax
appeal of this type).
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