Taliaferro v. United States

677 F. App'x 536
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 25, 2017
DocketNo. 16-12126 Non-Argument Calendar
StatusPublished
Cited by28 cases

This text of 677 F. App'x 536 (Taliaferro v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taliaferro v. United States, 677 F. App'x 536 (11th Cir. 2017).

Opinion

PER CURIAM:

Irvin E. Taliaferro filed this pro se action seeking to enjoin the Internal Revenue Service (“IRS”) from issuing notices of levy to collect unpaid income taxes and to force the IRS to return to him all monies already seized as a result of its levies. The district court dismissed Taliaferro’s complaint sua sponte, pursuant to 28 U.S.C. § 1915(e), for frivolity and for lack of subject-matter jurisdiction.

On appeal, Taliaferro first argues that the district court procedurally erred in dismissing his complaint because, in his view, § 1915(e) does not apply to non-prisoners. Next, on the substance of his claims, Taliaferro contends that he is not a “taxpayer” with taxable “income.” He asserts that taxable income does not include compensation for labor or services. He also appears to argue that the IRS lacks the authority to collect income taxes beyond federal land or from private citizens who are not federal employees. Taliaferro’s arguments are unavailing. We affirm.

We review de novo a district court’s decision to dismiss an action for lack of federal subject-matter jurisdiction. Barbour v. Haley, 471 F.3d 1222, 1225 (11th Cir. 2006). We review a district court’s sua sponte dismissal for frivolity under 28 U.S.C. § 1915(e)(2)(B)(i) for an abuse of discretion, though a district court’s ruling on issues of res judicata is reviewed de novo. Hughes v. Lott, 350 F.3d 1157, 1160 [537]*537(11th Cir. 2003). We liberally construe the filings of pro se parties. Id.

Initially, the district court did not procedurally err by relying on § 1915(e) in its dismissal order. In forma pauperis (“IFP”) proceedings are governed by 28 U.S.C. § 1915. The statute is intended to provide all indigent litigants with meaningful access to courts by removing the obstacle of poverty. Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Congress recognized, however, that an indigent litigant, unlike a paying litigant, lacks an economic incentive to refrain from filing frivolous or repetitive lawsuits. Id. To prevent such frivolous or abusive litigation, Congress authorized the federal courts to dismiss IFP actions sua sponte on various grounds.1 Id.; see also Denton v. Hernandez, 504 U.S. 25, 31, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). Thus, under § 1915(e), district courts have the power to screen complaints filed by all IFP litigants, prisoners and non-prisoners alike. See Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999); see also Troville v. Venz, 303 F.3d 1256, 1259-60 (11th Cir. 2002) (“find[ing] no error” in the district court’s dismissal of a non-prisoner’s complaint under § 1915(e)(2)(B)(ii)).

In any case, even assuming without deciding that § 1915(e) did not apply, “a court sua sponte can raise a jurisdictional defect at any time, leading to dismissal of the relevant action.” Barnett v, Bailey, 956 F.2d 1036, 1039 (11th Cir. 1992); see Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Here, sua sponte dismissal was appropriate because the district court correctly determined that it lacked subject-matter jurisdiction pursuant to the Anti-Injunction Act, 26 U.S.C. § 7421(a). See Leves v. I.R.S., Comm’r, 796 F.2d 1433, 1434-35 (11th Cir. 1986) (affirming dismissal of complaint for lack of subject-matter jurisdiction where the Anti-Injunction Act barred the suit).

The Anti-Injunction Act (the “Act”), 26 U.S.C. § 7421(a), apart from several statutory exceptions not applicable here, “generally forbids courts to restrain the IRS from assessing or collecting a tax.” Hempel v. United States, 14 F.3d 572, 573 (11th Cir. 1994); see 26 U.S.C. § 7421(a) (“[N]o suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.”). The Act bars not only suits that directly seek to restrain the assessment or collection of taxes, but also suits aimed at interfering with “activities which are intended to or may culminate in the assessment or collection of taxes.” Kemlon Prods. & Dev. Co. v. United States, 638 F.2d 1315, 1320 (5th Cir. March 1981), modified on other grounds, 646 F.2d 223 (5th Cir. 1981) (quotation marks omitted).2

We have recognized a judicial exception to the Act applicable if the plaintiff shows both that “(1) under no circumstances could the government ultimately prevail on its tax claim and (2) equity jurisdiction otherwise exists.” Mathes v. United States, 901 F.2d 1031, 1033 (11th Cir. 1990). Equitable relief is not available if the plaintiff has an adequate remedy at law. Hobson v. Fischbeck, 758 F.2d 579, 581 (11th Cir. 1985).

[538]*538In his complaint, Taliaferro sought in-junctive relief in the form of an order directing the IRS to cease collecting taxes from him by levy and to return to him all monies already collected by levy. Accordingly, the Anti-Injunction Act bars his lawsuit unless an exception applies. See 26 U.S.C. § 7421(a); Kemlon Prods., 638 F.2d at 1320; see also Taliaferro v. Freeman, 595 Fed.Appx. 961, 962-63 (11th Cir. 2014) (reaching the same result).3 But Taliaferro has not shown that an exception applies.

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Bluebook (online)
677 F. App'x 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taliaferro-v-united-states-ca11-2017.