President William Jefferson Clinton (Bill Clinton @BillClinton) Judicial Nominee, Stanley MARCUS (R) of New York, NY, United States Federal Circuit Judge, Eleventh (11th) Circuit, United States Court of Appeals, Atlanta, Georgia, Alumni of Queens College, City University of New York (1967 B.A. @CUNYLawSchool magna cum laude), Harvard Law School (1971 L.D. @Harvard_Law @Harvard), Religion and the Constitution, and Trial Advocacy, Brooklyn Law School (@BrooklynLaw), Epic Fail in United States Federal Income Tax case

Irvin Taliaferro v. USA Case: 14-12062 Date Filed: 12/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-12062 Non-Argument Calendar D.C. Docket No. 1:13-cv-00094-WLS IRVIN E. TALIAFERRO, Plaintiff-Appellant, versus FREEMAN, IRS, Defendant, UNITED STATES OF AMERICA, Defendant-Appellee Appeal from the United States District Court for the Middle District of Georgia (December 29, 2014) MARCUS JORDAN BLACK Circuit Judges pg. 4
________________________________________________
President William Jefferson Clinton (Bill Clinton @BillClinton) Judicial Nominee, Stanley MARCUS (R) of New York, NY, United States Federal Circuit Judge, Eleventh (11th) Circuit, United States Court of Appeals, Atlanta, Georgia, Alumni of Queens College, City University of New York (1967 B.A. @CUNYLawSchool magna cum laude), Harvard Law School (1971 L.D. @Harvard_Law @Harvard), Religion and the Constitution, and Trial Advocacy, Brooklyn Law School (@brooklynlaw), Epic Fail in United States Federal Income Tax case
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http://wp.me/p5tuFO-ka
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United States Federal Circuit Judge Stanley MARCUS, Circuit Judge Adalberto Josè JORDAN, and Circuit Judge Susan H. BLACK, in the United States Court of Appeals for the Eleventh Circuit, in Atlanta, Georgia, Disrespect the Unanimous Supreme Court of the United States (@SCOTUS) and the Congress of the United States of America (@USCongress)
_________________________________________________
Second

[for nearly a century]

THE

SUPREME COURT

has

RECOGNIZED

that

THE

SIXTEENTH AMENDMENT

AUTHORIZES

A

DIRECT NONAPPORTIONED TAX

upon

United States citizens
throughout the nation
not just in federal enclaves”

United States v. Collins

920 F.2d 619

629

(10th Cir. 1990)
——————————————————————
Second [for nearly a century] “the Supreme Court has recognized that the sixteenth amendment authorizes a direct nonapportioned tax upon United States citizens throughout the nation not just in federal enclaves”

United States v. Collins, 920 F.2d 619, 629 (10th Cir. 1990)
_________________________________________________
https://www.courtlistener.com/opinion/2764990/irvin-e-taliaferro-v-united-states/
======================================
FACT: The Unanimous SUPREME COURT of the UNITED STATES recognized that:

[240 U.S. 1, 11]

It is an “ERRONEOUS ASSUMPTION” “that the 16th AMENDMENT PROVIDES” “POWER to LEVY” a “DIRECT” “INCOME TAX” “NOT” “SUBJECT to the REGULATION of APPORTIONMENT applicable to ALL OTHER DIRECT TAXES”
======================================
U.S. Supreme Court

Brushaber v. Union Pacific Rail Road Company

Argued October 14 and 15 1915

Decided January 24 1916

240 U.S. 1

36 S.Ct. 236

60 L.Ed. 493

(1916)

Mr. Chief Justice White delivered the opinion of the court:
_________________________________________________
What the UNANIMOUS SUPREME COURT OF THE UNITED STATES ACTUALLY RECOGNIZED
_________________________________________________
[240 U.S. 1, 11]

It is an

“ERRONEOUS ASSUMPTION”

“that the

16th AMENDMENT

PROVIDES” “POWER to LEVY”

a

“DIRECT” “INCOME TAX”

“NOT” “SUBJECT

to the

REGULATION

of

APPORTIONMENT

applicable to

ALL OTHER

DIRECT TAXES”
——————————————————————
[240 U.S. 1, 11]

We are of opinion however that the confusion is not inherent but rather arises from the conclusion that the 16th Amendment provides for a hitherto unknown power of taxation that is a power to levy an income tax which although direct should not be subject to the regulation of apportionment applicable to all other direct taxes

And the far-reaching effect of this erroneous assumption will be made clear by generalizing the many contentions advanced in argument to support it as follows:
_________________________________________________
U.S. Supreme Court

Brushaber v. Union Pac. R.R.

Argued October 14 and 15 1915

Decided January 24 1916

240 U.S. 1

36 S.Ct. 236

60 L.Ed. 493

(1916)
——————————————————————
http://laws.findlaw.com/us/240/1.html
——————————————————————
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=240&invol=1
——————————————————————
Case
——————————————————————
https://supreme.justia.com/cases/federal/us/240/1/case.html
………………………………………………..
Syllabus
——————————————————————
https://supreme.justia.com/cases/federal/us/240/1/
======================================
U.S. Supreme Court

STANTON v. BALTIC MINING CO,

JOHN R. STANTON, Appt.,
v.
BALTIC MINING COMPANY et al.

Argued October 14 and 15, 1915

Decided February 21, 1916

240 U.S. 103

36 S.Ct. 278

60 L.Ed. 546

No. 359

(1916)

Mr. Chief Justice White delivered the opinion of the court:
_________________________________________________
What the UNANIMOUS SUPREME COURT OF THE UNITED STATES ACTUALLY RECOGNIZED
_________________________________________________
[240 U.S. 103, 107]

As in

Brushaber v. Union P. R. Co.

240 U.S. 1 ,

60 L. ed. –,

36 Sup. Ct. Rep. 236, . . .
………………………………………………..
[240 U.S. 103, 112]

But, aside from the obvious error of the proposition, intrinsically considered, it manifestly disregards the fact that by the previous ruling it was settled that the provisions of

THE

16th AMENDMENT

conferred no new power of taxation,

but simply

PROHIBITED

THE

previous complete

and

plenary

POWER

OF

INCOME TAXATION

possessed by Congress

from the beginning

FROM BEING TAKEN OUT OF THE

CATEGORY

OF

INDIRECT TAXATION

to which it inherently belonged,

AND being PLACED

[240 U.S. 103, 113]

IN THE

CATEGORY

OF

DIRECT TAXATION

subject to

apportionment

by a consideration of the sources from which the

income

was derived,-that is, by testing the

tax

not by what it was, a

tax

on

income,

but by a mistaken theory deduced from the

origin

or

source

of the

income taxed
——————————————————————
[240 U.S. 103, 112]

But, aside from the obvious error of the proposition, intrinsically considered, it manifestly disregards the fact that by the previous ruling it was settled that the provisions of the 16th Amendment conferred no new power of taxation, but simply prohibited the previous complete and plenary power of income taxation possessed by Congress from the beginning from being taken out of the category of indirect taxation to which it inherently belonged, and being placed

[240 U.S. 103, 113]

in the category of direct taxation subject to apportionment by a consideration of the sources from which the income was derived,-that is, by testing the tax not by what it was, a tax on income, but by a mistaken theory deduced from the origin or source of the income taxed
——————————————————————
Stanton v. Baltic Mining Co.,

240 U.S. 103

36 S.Ct. 278

60 L.Ed. 546

No. 359

(1916)
——————————————————————
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=240&invol=103
——————————————————————
https://supreme.justia.com/cases/federal/us/240/103/
======================================
Irvin Taliaferro v. USA Case: 14-12062 Date Filed: 12/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-12062 Non-Argument Calendar D.C. Docket No. 1:13-cv-00094-WLS IRVIN E. TALIAFERRO, Plaintiff-Appellant, versus FREEMAN, IRS, Defendant, UNITED STATES OF AMERICA, Defendant-Appellee Appeal from the United States District Court for the Middle District of Georgia  (December 29, 2014) MARCUS JORDAN BLACK Circuit Judges
_________________________________________________
Dec. 29 2014

Irvin E. Taliaferro v. United States, 14-12062 (11th Cir. 2014)

Court of Appeals for the Eleventh Circuit

Filed: December 29th 2014

Docket Number: 14-12062

Case: 14-12062

Date Filed: 12/29/2014

11th Circuit
Eleventh Circuit

Stanley MARCUS

Adalberto Josè JORDAN

Susan H. BLACK

Circuit Judges
………………………………………………..
Irvin Taliaferro v. USA Case: 14-12062 Date Filed: 12/29/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-12062 Non-Argument Calendar D.C. Docket No. 1:13-cv-00094-WLS IRVIN E. TALIAFERRO, Plaintiff-Appellant, versus FREEMAN, IRS, Defendant, UNITED STATES OF AMERICA, Defendant-Appellee Appeal from the United States District Court for the Middle District of Georgia (December 29, 2014) MARCUS JORDAN BLACK Circuit Judges pg. 1
__________________
11/7/1997 PN667 – Nomination of Stanley Marcus for the Judiciary: 105th
——————————————————————
http://www.loc.gov/law/find/nominations/sotomayor/shrg105-205pt2.pdf
_______________________________

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