At page 1256 Rejecting frivolous tax-protestor arguments and imposing sanctions51 citing cases[We] reject appellants’ contention that they are not citizens of the United States, but rather ‘Free Citizens of the Republic of Minnesota’ and, consequently, not subject to taxation.
- Kim v. United States, No. 26-157 (Fed. Cl. May 21, 2026).published([We] reject appellants’ contention that they are not citizens of the United States, but rather ‘Free Citizens of the Republic of Minnesota’ and, consequently, not subject to taxation.)
- (PC) Caetano v. Fid. Advisor Leveraged Co., No. 1:24-cv-01584 (E.D. Cal. Mar. 5, 2025).See, e.g., United States v. 2 Masat, 948 F.2d 923, 934 (5th Cir. 1991) (rejecting as frivolous defendant's contention that the district court lacked personal jurisdiction because defendant 3 was a “freeman”); United States v. Gerads, 999 F…
- United States v. Tax & Bankr. Attorney, PLC, No. 0:22-cv-02928 (D. Minn. Nov. 27, 2024).United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993); McLaine v. Comm’r, 138 T.C. 228, 241 (2012); United States v. Macpherson, No. 18-0050, 2018 WL 3628905 , at *2 (D.
- United States v. Houser, No. 4:22-cv-03092 (D. Neb. Feb. 3, 2023).These are computer-generated forms that reflect taxes assessed and paid by a taxpayer in a given year, and are "sufficient to establish the validity of the assessments." United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993).
- Sumeru v. Yellen, No. 2021-2389 (D.D.C. Oct. 19, 2021).publishedThis belief is, of course, incorrect.”); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam) (rejecting contention that appellants “are not citizens of the United States, but rather ‘Free Citizens of the Republic of M…
- United States v. Simones, No. 1:20-cv-00795 (D.N.M. Aug. 31, 2021).See Guthrie, 970 F.2d at 737–38; United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993).
- Bey v. Hood, No. 6:19-cv-00227 (E.D. Tex. June 5, 2020).Tex. Nov. 20, 2006); see also United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993).
- Harold Stanley v. Comm'r of IRS, 608 F. App'x 434 (8th Cir. 2015).unpublishedSee Morehouse v. Comm’r, 769 F.3d 616, 619 (8th Cir.2014) (this court reviews tax court’s conclusions of law de novo, and its findings of fact for clear error); see also 26 U.S.C. § 61 (a)(1) (gross *435 income means all income from whatev…
- Vaughn v. Internal Revenue Serv. of the United States, 557 F. App'x 605 (8th Cir. 2014).unpublished (granting government’s motion for $1,500 in sanctions where appellants had advanced on appeal frivolous “tax-protestor” arguments that had been repeatedly rejected)
- Daniel Dykema v. Comm'r of Irs, 447 F. App'x 757 (8th Cir. 2012).unpublished Cf. United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam) (in government’s action to recover back taxes from tax protestor defendants, noting that appellate court had previously held wages are within Code’s definition of…
Show 36 more citing cases
- United States v. Beale, 574 F.3d 512 (8th Cir. 2009).published For instance, Beale's argument that he is not a "person” subject to the tax laws as defined in 26 U.S.C. § 7343 was rejected in United States v. Rice, 659 F.2d 524, 528 (Former 5th Cir. 1981); his argument that under 26 U.S.C. § 3401 "empl…
- State v. Souza, 193 P.3d 1260 (Haw. App. 2008).published(rejecting as frivolous claims that wages are not income subject to federal taxation and that payment of the federal income tax is voluntary)
- State v. Garvin, 945 A.2d 821 (R.I. 2008).published(rejecting as frivolous the defendants’ contention that they were “not citizens of the United States, but rather ‘Free Citizens of the Republic of Minnesota’)
- United States v. Mathis Implement, Inc., 405 F. Supp. 2d 1101 (D.S.D. 2005).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993).
- Essex Ins. Co. v. McManus, 299 F. Supp. 2d 939 (E.D. Mo. 2003).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993); see also United States v. Tracy, No. 99-0158-CV-W-SOW, 2000 WL 1358725 , at *3 (W.D.Mo.
- Holt v. New Mexico Dep't of Taxation & Revenue, 2002-NMSC-034, 59 P.3d 491.publishedE.g., Cheek v. United States, 498 U.S. 192, 202 , 111 S.Ct. 604 , 112 L.Ed.2d 617 (1991) (recognizing the “duty to file a return and to treat wages as income ” and holding that a good faith misconception is a defense to federal criminal ch…
- United States v. Larry Swartzendruber, No. 00-2448 (8th Cir. July 24, 2001).unpublishedSee 26 U.S.C. §§ 7402-7403 ; 28 U.S.C. § 1340 ; 28 U.S.C. § 1345 ; United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994); United States v. Kruger, 923 F.2d 587 (8th Cir. 1991).
- Richard Rosenquist v. CIR, No. 98-3405 (8th Cir. Apr. 5, 1999).unpublishedApp. P. 38, United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994).
- Duane Schumacher v. Patricia Schaal, No. 98-2133 (8th Cir. Sept. 15, 1998).unpublishedApp. P. 38, United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994).
- Kerwin James Miller Mona Lea Miller v. Timothy Sherrill, 146 F.3d 1051 (8th Cir. 1998).published We also grant Sherrill’s motion for sanctions in the amount of $500 because arguments similar to those asserted by the Millers on appeal have been rejected repeatedly by the courts, see United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir…
- Morstad v. Dep't of Corr. & Rehab., 147 F.3d 741 (8th Cir. 1998).published In applying Rule 38, we may award such relief if “the arguments [Mor-stad] advance[s] for reversal are clearly .lacking in merit and frivolous.” United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993).
- United States v. Everett Gilbertson, No. 97-2099 (8th Cir. Dec. 10, 1997).unpublishedRosenbaum, United States District Judge for the District of Minnesota. v. Watson, 1 F.3d 733, 734 (8th Cir. 1993) (per curiam) (in prosecution for fraudulent tax returns, district court had jurisdiction, because 18 U.S.C. § 3231 “provides…
- United States v. Everett C. Gilbertson, 131 F.3d 144 (8th Cir. 1997).unpublishedSee United States v. Watson, 1 F.3d 733, 734 (8th Cir.1993) (per curiam) (in prosecution for fraudulent tax returns, district court had jurisdiction, because 18 U.S.C. § 3231 "provides district courts with original jurisdiction of all viol…
- Holland v. La. Sec'y of Revenue & Taxation, 208 B.R. 26 (W.D. La. 1997).publishedSee U.S. v. Wells Fargo Bank, 485 U.S. 351, 350-52 , 108 S.Ct. 1179, 1180 , 99 L.Ed.2d 368 (1988); Zenith Radio Corp. v. U.S., 437 U.S. 443, fn. 14 , 98 S.Ct. 2441, fn. 14 , 57 L.Ed.2d 337 (1978); Parker v. C.I.R., 724 F.2d 469, 471 (5th C…
- Vomhof v. United States, 207 B.R. 191 (D. Minn. 1997).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993); Brown, 82 F.3d at 805 .
- United States v. Hartman, 915 F. Supp. 1227 (M.D. Fla. 1996).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam); Wilcox v. Commissioner of Internal Revenue, 848 F.2d 1007, 1008 (9th Cir.1988).
- United States v. Langert, 902 F. Supp. 999 (D. Minn. 1995).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993), cert. denied, — U.S. -, 114 S.Ct. 1300 , 127 L.Ed.2d 652 (1994).
- United States v. Schiefen, 926 F. Supp. 877 (D.S.D. 1995).published United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993); Hayward v. Day, 619 F.2d 716, 717 (8th Cir.1980).
- Ivan L. Isaacson Nancy Isaacson v. United States, 35 F.3d 571 (9th Cir. 1994).unpublished(rejecting taxpayer's claim that they are not citizens of the United States, but rather "Free Citizens of the Republic of Minnesota)
- United States v. Stoecklin, 848 F. Supp. 1521 (M.D. Fla. 1994).publishedUnited States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (Minnesota); United States v. Price, 798 F.2d 111, 112-13 (5th Cir.1986) (Texas).
- United States v. Daniel Lee Watson, 1 F.3d 733 (8th Cir. 1993).publishedWe recently rejected a similar argument in the civil context in United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam).
- United States v. Lester Ramer, 699 F. App'x 596 (8th Cir. 2017).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam) (rejecting frivolous tax-protester arguments; granting government’s motion for sanctions for frivolous appeal).
- Schneider v. Comm'r, 697 F. App'x 474 (8th Cir. 2017).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam) (this court has rejected, on numerous occasions, tax-protestor argument that federal income tax is unconstitutional direct tax that must be apportioned; granting…
- Nevius v. Comm'r, 694 F. App'x 447 (8th Cir. 2017).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam) (rejecting the argument that “Free Citizens of the Republic of Minnesota” were not subject to taxation; granting government’s motion for sanctions for frivolo…
- United States v. James Shandy, 657 F. App'x 626 (8th Cir. 2016).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 , 114 S.Ct. 1300 , 127 L.Ed.2d 652 (1994).
- Houseal v. Comm'r, 435 F. App'x 567 (8th Cir. 2011).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam).
- Richard Walbaum v. Comm'r of IRS, 387 F. App'x 668 (8th Cir. 2010).unpublished (granting government’s motion for sanctions where appellant brought frivolous appeal based on tax-protester argument)
- Israel v. Internal Revenue Serv., 210 F. App'x 549 (8th Cir. 2006).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam) (when appellant brought frivolous appeal based on tax-protester argument, court granted government’s motion for sanctions).
- Pub. Sch. Ret. Sys. of Missouri v. United States, 192 F. App'x 562 (8th Cir. 2006).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam) (when appellant brought frivolous appeal based on tax-protester argument, court granted government’s motion for sanctions).
- United States v. Philip Tharp, 170 F. App'x 12 (8th Cir. 2006).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam) (when appellant brought frivolous appeal based on tax-protester argument, court granted government’s motion for sanctions).
- Furman v. United States, 48 F.3d 1223 (8th Cir. 1995).unpublishedSee United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam), cert. denied, 114 S. Ct. 1300 (1994).
- Waikiki, Jr. v. Trump, No. 1:20-cv-00308 (D. Haw. July 28, 2020).(rejecting as frivolous assertion that appellants are citizens of only “the Republic of Minnesota” and not citizens of the United States)
- Albers v. I.R.S., 105 F.3d 662 (8th Cir. 1997).unpublished
- Satterlee v. United States, 432 F. Supp. 2d 941 (W.D. Mo. 2006).published
- IRS v. Kenneth E. Schroeder, No. 96-1587 (8th Cir. Jan. 6, 1997).unpublished
- Bert v. Comptroller of the Treasury, 81 A.3d 460 (Md. Ct. Spec. App. 2013).published
At page 1257 rejecting appellants’ contention that they are not citizens of the United States and thus not subject to taxation1 citing case
- Aragon v. Twp. of Woodbridge, No. 2:21-cv-18304 (D.N.J. Sept. 14, 2023).unpublished(rejecting appellants’ contention that they are not citizens of the United States and thus not subject to taxation)
At page 1255 “free citizens of the republic of minnesota”0 citing cases
Other citing cases
- N. Country Escape, LLC v. United States, 286 F. Supp. 3d 1025 (D. Me. 2018).published
- Richmond v. Comm'r, 102 T.C.M. 411 (Tax Ct. 2011).unpublished
- United States v. David Middleton, 246 F.3d 825 (6th Cir. 2001).published
- United States v. Nelson, No. 4:17-cv-04002, 2018 WL 2390128 (D.S.D. May 25, 2018).
v.
Gregory L. GERADS, individually Dorothea A. Gerads, individually, Gregory L. Gerads, as Trustee for Rocky Hills Dorothea A. Gerads Ruth M. Bloch Jeffrey J. Gerads Beth M. Gerads Peggy E. Gerads
Gregory L. Gerads and Dorothea A. Ger-ads, husband and wife (appellants), appeal from the district court’s[1] orders granting the government’s motions for summary judgment in this action to recover back income taxes. We affirm.
Appellants are tax protestors who have refused to file or pay federal income taxes since 1976. They reside on a tract of farmland in Freeport, Minnesota, in Stearns County. On December 5,1988, the IRS sent appellants Notice of Deficiency letters for the tax years 1976 through 1983. On April 18, 1989, the government assessed federal income taxes, additions to tax, and statutory interest against appellants for these tax years. The government filed notice of the assessments and demanded payment. Appellants did not contest the deficiencies, and, other than Gregory’s payment of $449.63, they have not attempted to satisfy their tax liability. The government then filed notices of federal tax lien against the farmland with the Stearns County Recorder in the names of appellants, Rocky Hills, as nominee of Gregory L. Gerads, and Sunrise Living Trust, as nominee of both appellants. On July 24, 1991, the government commenced this action, under 26 U.S.C. §§ 7401-03, to (1) reduce to judgment the income taxes it had assessed against appellants for the years 1976 through 1983; (2) set aside as fraudulent appellants’ purported conveyance of the farmland to the two “trusts”; (3) quiet title to the property; and (4) eject any and all inhabitants from the property to facilitate foreclosure of its tax liens. Thereafter, the government moved for summary judgment. The district court granted the motions and the relief the government requested. This appeal followed.
The district court correctly granted the government’s motions for summary judgment because appellants did not contest the factual bases for the assessments and because their legal arguments attacking the court’s jurisdiction and the validity of the assessments were clearly meritless. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The arguments they advance on appeal are also frivolous. First, the Certificates of Assessments and Payments submitted by the government here are sufficient to establish the validity of the assessments. See Geiselman v. United, States, 961 F.2d 1, 5-6 (1st Cir.) (per curiam), cert. denied, - U.S. -, 113 S.Ct. 261, 121 L.Ed.2d 191 (1992). Second, appellants’ claim that the government failed to establish that the district court had “inland jurisdiction,” and therefore, the case against them should have been dismissed is meritless. United States v. Saunders, 951 F.2d 1065, 1068 (9th Cir.1991). Third, we have rejected, on numerous occasions, the tax-protestor argument that the federal income tax is an unconstitutional direct tax that must be apportioned. See, e.g., Lively v. Commissioner, 705 F.2d 1017, 1018 (8th Cir.1983) (per curiam). Likewise, we have held that wages are within the definition of income under the Internal Revenue Code and the Sixteenth Amendment, and are subject to taxation. Denison v. Commissioner, 751 F.2d 241, 242 (8th Cir.1984) (per curiam), cert. denied, 471 U.S. 1069, 105 S.Ct. 2149, 85 L.Ed.2d 505 (1985). Appellants’ claim that payment of federal income tax is voluntary clearly lacks substance. See Newman v. Schiff, 778 F.2d 460, 467 (8th Cir.1985). And, finally, we reject appellants’ contention that they are not citizens of the United States, but rather “Free Citizens of the Republic of Minnesota” and, consequently, not subject to taxation. See United States v. Kruger, 923 F.2d 587, 587-88 (8th Cir.1991) (rejecting similar argument as “absurd”).
The government requests that we assess $1,500 in sanctions against appellants for bringing this frivolous appeal based on discredited, tax-protestor arguments. Because the arguments appellants advance for[*1257] reversal are clearly lacking in merit and frivolous, we grant the government’s motion for $1,500 in sanctions pursuant to 28 U.S.C. § 1912 and Federal Rule of Appellate Procedure 38. See United States v. Carter, 988 F.2d 68, 69-70 (8th Cir.1993) (per curiam) (“As the arguments raised in this appeal are frivolous, and we have many times so held, we award a sanction in the form of damages in the amount of $1500 against appellants.”); Kruger, 923 F.2d at 588 (“Because this appeal is utterly frivolous, the government’s motion for sanctions in the amount of $1,500 is granted.”).
Accordingly, we affirm the district court’s judgment and grant the government’s motion for sanctions in the amount of $1,500.
The Honorable Harry H. MacLaughlin, United States District Judge for the District of Minnesota.