Supreme Court of the United States · Official docket →
Mark Alan Staples v. Commissioner of Internal Revenue
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-9006 · judgment June 15, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
(Rule 14.1(a)) Constitutional questions are presented in this writ as follows. Under the United States Constitution, especially the 14th Amendment, “due process of law” and “equal protection of the laws”, the 1st Amendment, free speech, the 5th Amendment, court ex parte communication,
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Whether the United States is allowed to reduce the income of a person and then tax the income reduc tion of that person without due process or equal pro tection specifically, where: “The Office of Personnel Management (OPM) reduced his [Petitioner’s] FERS annuity payments by a portion of the SSDI benefit he received” (App. 1), the Internal Revenue Service then taxed that income reduction, and the Tax Court com municated ex parte with and denied free speech to pe titioner? Further, Under Acts of Congress, the Social Security Act, Federal Insurance Contributions Act, Privacy Act, Americans with Disabilities Act, and Rehabilitation Act,
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Whether the United States government is allowed to reduce the income of a disabled person, solely be cause the person is disabled, and then tax that reduc tion in income of the disabled person, again solely because the person is disabled; specifically, where dis abled petitioner received only partial disability bene fits of SSDI payments and FERS annuity payments,
Counsel of record
For petitioner
Mark Staples
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 13 2021Petition DENIED.
- Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 18 2021Waiver of right of respondent Commissioner of Internal Revenue to respond filed.
- Nov 12 2021Petition for a writ of certiorari filed. (Response due December 16, 2021)