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Walter C. Lange v. Commissioner of Internal Revenue

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-60582 · judgment January 24, 2019


Certiorari denied · October 21, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the income tax under Title 26 of the U.S. Code is an indirect tax and therefore exclusively an excise, duty or impost arising from the exercise of a federal privilege, whether Petitioner’s adhering to this legal precept and historical fact can be judicially considered frivolous and sanctionable, whether codifying a statute without repealing its prior version leaves the prior statute controlling as a matter of Fifth Amendment due process, whether a Tax Court’s de novo review of a prior IRS administrative ruling reached below that ruling and redefined the objectionable conduct without prior notice in violation of the due process clause of the Fifth Amendment, whether the final decision regarding frivolous conduct was based on language that should be considered void under the vagueness doctrine of the Fifth Amendment, and whether each Court’s monetary sanction is excessive or inflicts cruel and unusual punishment in violation either of the Eighth Amendment or Petitioner’s good faith exercise of his valid beliefs and his First Amendment rights to petition the government for redress of grievance.

Counsel of record

For petitioner
Walter C. Lange

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 21 2019
    Petition DENIED.
  2. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  3. Sep 25 2019
    Waiver of right of respondent CIR to respond filed.
  4. Jul 08 2019
    Petition for a writ of certiorari filed. (Response due October 21, 2019)