Legal Opinion

Louis E. Holker v. United States

Court of Appeals for the Eighth Circuit

Decided June 26, 1984No. 84-5076PublishedCited by 14 opinions

1Per curiam

Louis E. Holker was assessed a $500 penalty under 26 U.S.C. § 6702 for filing a frivolous tax return. He then commenced this suit under 26 U.S.C. § 6703(c)(2) for abatement of this assessment. The district court granted the government’s motion for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(b) and we affirm.

In a letter to the IRS, Holker requested a tax refund for 1982, arguing that he owed no tax because he is a “natural individual and unenfranchised freeman” who “neither requested, obtained nor exercised any privilege from any agency of government.” Holker enclosed with this…

2Cases cited4 opinions

  1. United States v. David N. MooreCourt of Appeals for the Seventh Circuit · 1980
  2. Gerald C. Funk and Judith M. Funk v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1982
  3. United States v. John M. GrabinskiCourt of Appeals for the Eighth Circuit · 1984
  4. Nichols v. United StatesDistrict Court, D. Minnesota · 1983

3Cited by14 opinions

  1. Lucian T. Zell, II v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1985
  2. Michael W. Lovell and Phyllis D. Lovell v. United StatesCourt of Appeals for the Seventh Circuit · 1984
  3. Lloyd R. Olson v. United StatesCourt of Appeals for the Ninth Circuit · 1985
  4. Grant W. Sullivan v. United StatesCourt of Appeals for the First Circuit · 1986
  5. Susan B. Kelly v. United States of America, James P. Kelly v. United StatesCourt of Appeals for the First Circuit · 1986

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