Richard L. Kelley v. Robert M. Terry, Michael Sassi, Internal Revenue Service, Robert T. Joscelyn and L. M. Burr, Puget Sound Truck Lines

Ninth Circuit

Richard L. Kelley v. Robert M. Terry, Michael Sassi, Internal Revenue Service, Robert T. Joscelyn and L. M. Burr, Puget Sound Truck Lines

629 F.2d 572, 48 A.F.T.R.2d (RIA) 5146, 1980 U.S. App. LEXIS 14544

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 27, 1980

DocketCA 78-2750

StatusPublished

Cited by1 cases

This text of 629 F.2d 572 (Richard L. Kelley v. Robert M. Terry, Michael Sassi, Internal Revenue Service, Robert T. Joscelyn and L. M. Burr, Puget Sound Truck Lines) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Richard L. Kelley v. Robert M. Terry, Michael Sassi, Internal Revenue Service, Robert T. Joscelyn and L. M. Burr, Puget Sound Truck Lines, 629 F.2d 572, 48 A.F.T.R.2d (RIA) 5146, 1980 U.S. App. LEXIS 14544 (9th Cir. 1980).

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Opinion

TRASK, Circuit Judge.

Richard L. Kelley is before us per se urging that because he is forced to pay social security taxes his freedom of religion has been violated. He also contends that because the law is unequally applied it is discriminatory and thereby denies a taxpayer due process of law.

We have given careful consideration to citizen Kelley’s claims set out in writing and urged upon us by oral argument. The same contentions and arguments have been presented to the Supreme Court of the United States. That court has rejected them and so must we. Helvering v. Davis, 301 U.S. 619, 57 S.Ct. 904, 81 L.Ed. 1307 (1937); Steward Machine Co. v. Davis, 301 U.S. 548, 57 S.Ct. 883, 81 L.Ed. 1279 (1937). See also, Fischer v. Secretary of H.E.W., 522 F.2d 493 (7th Cir. 1975). The social security tax is assessed uniformly against persons of all religious beliefs and thus does not violate taxpayer’s freedom of religion. Cf. Graves v. Commissioner, 579 F.2d 392 (6th Cir. 1978), cert. denied, 440 U.S. 946, 99 S.Ct. 1423, 59 L.Ed.2d 634 (1979). We find the remainder of Kelley’s contentions to be without merit.

The judgment of the district court is AFFIRMED.

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TRASK, Circuit Judge.

Richard L. Kelley is before us per se urging that because he is forced to pay social security taxes his freedom of religion has been violated. He also contends that because the law is unequally applied it is discriminatory and thereby denies a taxpayer due process of law.

We have given careful consideration to citizen Kelley’s claims set out in writing and urged upon us by oral argument. The same contentions and arguments have been presented to the Supreme Court of the United States. That court has rejected them and so must we. Helvering v. Davis, 301 U.S. 619, 57 S.Ct. 904, 81 L.Ed. 1307 (1937); Steward Machine Co. v. Davis, 301 U.S. 548, 57 S.Ct. 883, 81 L.Ed. 1279 (1937). See also, Fischer v. Secretary of H.E.W., 522 F.2d 493 (7th Cir. 1975). The social security tax is assessed uniformly against persons of all religious beliefs and thus does not violate taxpayer’s freedom of religion. Cf. Graves v. Commissioner, 579 F.2d 392 (6th Cir. 1978), cert. denied, 440 U.S. 946, 99 S.Ct. 1423, 59 L.Ed.2d 634 (1979). We find the remainder of Kelley’s contentions to be without merit.

The judgment of the district court is AFFIRMED.

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629 F.2d 572, 48 A.F.T.R.2d (RIA) 5146, 1980 U.S. App. LEXIS 14544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-l-kelley-v-robert-m-terry-michael-sassi-internal-revenue-ca9-1980.

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