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Brian D. Swanson v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-11851 · judgment January 7, 2020


Certiorari denied · March 2, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

  1. May the Respondent collect a direct tax on Petitioner’s capital without going through the rule of apportionment?

  2. May Respondent use Petitioner’s federal tax return to evade the apportionment requirement for collecting a direct tax on his capital and use Petitioner to confiscate the State of Georgia’s constitutionally protected source of revenue?

  3. Are Petitioner’s employment earnings capital or income?

  4. Does distinguishing between capital and income, when calculating a personal income tax liability, establish a sufficient factual matter to claim an income tax refund and to survive a Rule 12(b)(6) motion to dismiss?

  5. Did the Eleventh Circuit abuse its discretion by imposing an $8,000 sanction on Petitioner when it ignored both the constitutional questions presented to it and Respondent’s contradictory handling of his tax returns?

Counsel of record

For petitioner
Brian D. Swanson

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 02 2020
    Petition DENIED.
  2. Feb 12 2020
    DISTRIBUTED for Conference of 2/28/2020.
  3. Feb 07 2020
    Waiver of right of respondent United States to respond filed.
  4. Jan 31 2020
    Petition for a writ of certiorari filed. (Response due March 5, 2020)