United States v. Gerads, 999 F.2d 1255 (8th Cir. 1993). · Go Syfert
United States v. Gerads, 999 F.2d 1255 (8th Cir. 1993). Cases Citing This Book View Copy Cite
88 citation events (61 in the last 25 years) across 28 distinct courts.
Strongest positive: Kim v. United States (uscfc, 2026-05-21)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Kim v. United States
Fed. Cl. · 2026 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Albert Mark Fonda
Tax Ct. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e have held that wages are within the definition of income under the internal revenue code . . . and are subject to taxation.
discussed Cited as authority (verbatim quote) Albert Mark Fonda
Tax Ct. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e have held that wages are within the definition of income under the internal revenue code . . . and are subject to taxation.
discussed Cited as authority (verbatim quote) Reynold Harvey
Tax Ct. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e have held that wages are within the definition of income under the internal reve- nue code . . . and are subject to taxation.
discussed Cited as authority (rule) (PC) Caetano v. Fidelity Advisor Leveraged Company
E.D. Cal. · 2025 · confidence medium
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.2d 1255, 1256 (8th Cir. 1993) 4 (rejecting as frivolous defendants’ contention that they were “not citizens of the United States, but rather 'Free Citizens of the Republic of Minnesota’ . . 5 .”); Kahler v. United States, 1995 U.S. Dist.
cited Cited as authority (rule) United States v. Tax and Bankruptcy Attorney, PLC
D. Minnesota · 2024 · confidence medium
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.
discussed Cited as authority (rule) United States v. Houser
D. Neb. · 2023 · confidence medium
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).
discussed Cited as authority (rule) Sumeru v. Yellen
D.D.C. · 2021 · confidence medium
This 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 Minnesota’ and, consequently, not subject to taxation”); United States v. Jagim, 978 F.2d 1032, 1036 (8th Cir. 1992) (rejecting as “completely without merit [and] patently frivolous” argument that a criminal defendant convicted of aiding and assisting false and fraudulent tax returns “cannot be punished under the tax laws of the United States b…
cited Cited as authority (rule) United States v. Simones
D.N.M. · 2021 · confidence medium
See Guthrie, 970 F.2d at 737–38; United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993).
cited Cited as authority (rule) United States v. West Professional Enterprises, Inc.
E.D. Mo. · 2021 · confidence medium
United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993).
cited Cited as authority (rule) Bey v. Hood
E.D. Tex. · 2020 · confidence medium
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).
discussed Cited as authority (rule) Harold Stanley v. Commissioner of IRS
8th Cir. · 2015 · confidence medium
See 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 whatever source derived, including compensation for services); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam) (wages are within definition of income under Internal Revenue Code and Sixteenth Amendment, and are subject to taxation).
discussed Cited as authority (rule) Vaughn v. Internal Revenue Service of the United States (2×) also: Cited "see, e.g."
8th Cir. · 2014 · confidence medium
P. 38; Gerads, 999 F.2d at 1256-57 (granting government’s motion for $1,500 in sanctions where appellants had advanced on appeal frivolous “tax-protestor” arguments that had been repeatedly rejected). 1 .
discussed Cited as authority (rule) Daniel Dykema v. Commissioner of Irs (2×) also: Cited "see"
8th Cir. · 2012 · signal: cf. · confidence medium
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 income, and rejecting defendants’ argument that they were not citizens of United States but rather were citizens of “Republic of Minnesota” who were not subject to income tax); see also United States v. Clayton, 506 F.3d 405, 412 (5th Cir.2007) (per curiam) (noting that court previously had rejected as “patently frivolous” and “absurd” argu…
discussed Cited as authority (rule) United States v. Beale
8th Cir. · 2009 · confidence medium
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 "employee” includes only federal wage earners was squarely dismissed in United States v. Latham, 754 F.2d 747, 750 (7th Cir.1985) (stating that under section 3401(c) the argument that "the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute”); and, for the coup de grace, his scheme of United Stat…
discussed Cited as authority (rule) State v. Souza
Haw. App. · 2008 · confidence medium
E.g., Sullivan v. United States, 788 F.2d 813, 815 (1st Cir.1986) (stating that “[cjourts uniformly have rejected as frivolous the arguments that money received in compensation for labor is not taxable income” and rejecting as “merit-less” the taxpayer’s claim that he received no taxable wages because he was not an “employee” within the meaning of the tax laws); United States v. Connor, 898 F.2d 942, 943 (3rd Cir.1990) (noting that “[ejvery court which has ever considered the issue has unequivocally rejected the argument that wages are not income”); United States v. Gerads, 9…
discussed Cited as authority (rule) State v. Garvin
R.I. · 2008 · confidence medium
Second, defendant’s contention that his right to travel is subject to a strict scrutiny Ninth Amendment analysis and not a Fourteenth Amendment rational basis analysis because he is a “sovereign state citizen” is completely without merit. 2 See United States v. Mundt, 29 F.3d 233, 237 (6th Cir.1994) (describing the same argument as “completely without merit and patently frivolous”); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (rejecting as frivolous the defendants’ contention that they were “not citizens of the United States, but rather ‘Free Citizens of the Rep…
cited Cited as authority (rule) United States v. Mathis Implement, Inc.
D.S.D. · 2005 · confidence medium
United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993).
cited Cited as authority (rule) Essex Ins. Co. v. McManus
E.D. Mo. · 2003 · confidence medium
United 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.
discussed Cited as authority (rule) Holt v. New Mexico Department of Taxation & Revenue
N.M. · 2002 · confidence medium
E.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 charges of willfully failing to file a federal income tax return and willfully attempting to evade income taxes) (emphasis added); 3 United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam) (holding that “wages are within the definition of income under the Internal Revenue Code and the Sixteenth Amendment, and are subject to taxation”); …
discussed Cited as authority (rule) United States v. Larry Swartzendruber
8th Cir. · 2001 · confidence medium
See 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).
discussed Cited as authority (rule) Maruska v. United States
D. Minnesota · 1999 · confidence medium
The Plaintiffs’ central argument — that wages are not “income” within the meaning of the Internal Revenue Code and may not be constitutionally taxed as such — can no more escape the certainty of rejection, as being contrary to the precedential holdings of the Eighth Circuit, than can mortals elude the certainty of death and taxes. 3 See, United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (“Wages are within the definition of income under the Internal Revenue Code and the Sixteenth Amendment, and are subject to taxation.”), cert. denied, 510 U.S. 1193 , 114 S.Ct. 1300 , 12…
cited Cited as authority (rule) Richard Rosenquist v. CIR
8th Cir. · 1999 · confidence medium
App. P. 38, United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994).
cited Cited as authority (rule) Duane Schumacher v. Patricia Schaal
8th Cir. · 1998 · confidence medium
App. P. 38, United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994).
discussed Cited as authority (rule) Kerwin Miller v. Timothy Sherrill
8th Cir. · 1998 · confidence medium
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. 1993) (per curiam), cert. denied, 510 U.S. 1193 (1994).
discussed Cited as authority (rule) Kerwin James Miller Mona Lea Miller v. Timothy Sherrill, in Private Capacity
8th Cir. · 1998 · confidence medium
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.1993) (per curiam), cert. denied, 510 U.S. 1193 , 114 S.Ct. 1300 , 127 L.Ed.2d 652 (1994).
discussed Cited as authority (rule) Thomas J. Morstad v. Department Of Corrections And Rehabilitation
8th Cir. · 1998 · confidence medium
In applying Rule 38, we may award such relief if "the arguments [Morstad] advance[s] for reversal are clearly lacking in merit and frivolous." United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993).
discussed Cited as authority (rule) Morstad v. Department of Corrections & Rehabilitation
8th Cir. · 1998 · confidence medium
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).
discussed Cited as authority (rule) United States v. Everett Gilbertson
8th Cir. · 1997 · confidence medium
Rosenbaum, 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 district courts with original jurisdiction of all violations of federal law”; rejecting claim that “free citizen” of Oklahoma was not United States citizen); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993) (per curiam) (federal income tax is not voluntary; rejecting appellants& argument that “Free Citizens of the Republic of Minnesota�…
discussed Cited as authority (rule) United States v. Everett C. Gilbertson
8th Cir. · 1997 · confidence medium
See 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 violations of federal law"; rejecting claim that "free citizen" of Oklahoma was not United States citizen); United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (per curiam) (federal income tax is not voluntary; rejecting appellants' argument that "Free Citizens of the Republic of Minnesota" were not United States citizens subject to taxes), cert. denied,…
discussed Cited as authority (rule) Holland v. La. Secretary of Revenue & Taxation
W.D. La. · 1997 · confidence medium
See 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 Cir. 1984); U.S. v. Gerads, 999 F.2d 1255, 1256 (8th Cir., 1993); In re Becraft, 885 F.2d 547, 548 (9th Cir.1989) (interpreting Brushaber v. Union Pacific Railroad Co., 240 U.S. 1, 12-19 , 36 S.Ct. 236, 239-42 , 60 L.Ed. 493 (1916)).
cited Cited as authority (rule) Vomhof v. United States
D. Minnesota · 1997 · confidence medium
United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993); Brown, 82 F.3d at 805 .
cited Cited as authority (rule) United States v. Hartman
M.D. Fla. · 1996 · confidence medium
United 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).
cited Cited as authority (rule) United States v. Langert
D. Minnesota · 1995 · confidence medium
United 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).
discussed Cited as authority (rule) United States v. Schiefen (2×)
D.S.D. · 1995 · confidence medium
United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993); Hayward v. Day, 619 F.2d 716, 717 (8th Cir.1980).
discussed Cited as authority (rule) Ivan L. Isaacson Nancy Isaacson v. United States
9th Cir. · 1994 · confidence medium
United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir.1993) (rejecting taxpayer's claim that they are not citizens of the United States, but rather "Free Citizens of the Republic of Minnesota"), cert. denied, 114 S.Ct. 1300 (1994).
cited Cited as authority (rule) United States v. Stoecklin
M.D. Fla. · 1994 · confidence medium
United 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).
cited Cited as authority (rule) United States v. Daniel Lee Watson
8th Cir. · 1993 · confidence medium
We 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).
discussed Cited "see" ARAGON v. TOWNSHIP OF WOODBRIDGE
D.N.J. · 2023 · signal: accord · confidence high
July 9, 2019) (citing Murakush Caliphate of Amexem Inc. v. New Jersey, 790 F. Supp. 2d 241 (D.N.J. 2011) (declaring that similar sovereign citizen arguments are legally frivolous); accord United States v. Gerads, 999 F.2d 1255, 1257 (8th Cir. 1993) (rejecting appellants’ contention that they are not citizens of the United States and thus not subject to taxation); United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993) (describing taxpayer’s assertion that he is a citizen of the “Indiana State Republic” and not a citizen of the United States as “incorrect” and a “shop worn a…
cited Cited "see" United States v. Yennie
D. Minnesota · 2022 · signal: see · confidence high
See United States v. Gerads, 999 F.2d 1255, 1256 (8th Cir. 1993); see also March v. Internal Revenue Serv., 335 F.3d 1186, 1188 (10th Cir. 2003).
discussed Cited "see" Minor McNeil v. United States
8th Cir. · 2021 · signal: see · confidence high
See United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam) (rejecting argument that “Free Citizens of the Republic of Minnesota” were not subject to taxation; granting government’s motion for sanctions for frivolous appeal).
discussed Cited "see" United States v. WUNDER
D.N.J. · 2019 · signal: accord · confidence high
See, e.g., Murakush Caliphate of Amexem Inc. v. New Jersey, 790 F. Supp. 2d 241 (D.N.J. 2011) (declaring that similar sovereign citizen arguments are legally frivolous); accord United States v. Gerads, 999 F.2d 1255, 1257 (8th Cir. 1993) (rejecting appellants’ contention that they are not citizens of the United States and thus not subject to taxation); United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993) (describing taxpayer’s assertion that he is a citizen of the “Indiana State Republic” and not a citizen of the United States as “incorrect” and a “shop worn argument of …
discussed Cited "see" United States v. Roy Guier
8th Cir. · 2019 · signal: see · confidence high
See United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir. 1993) (per curiam) (claim that payment of federal income tax is voluntary clearly lacks substance; assessing sanctions against appellants for advancing arguments that were clearly lacking in merit and frivolous).
cited Cited "see" N. Country Escape, LLC v. United States
D. Me. · 2018 · signal: see · confidence high
See United States v. Gerads , 999 F.2d 1255 , 1256 (8th Cir. 1993). 2.
cited Cited "see" United States v. Lester Ramer
8th Cir. · 2017 · signal: see · confidence high
See 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).
discussed Cited "see" Schneider v. Commissioner
8th Cir. · 2017 · signal: see · confidence high
See 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 government’s motion for sanctions for frivolous appeal).
discussed Cited "see" Nevius v. Commissioner
8th Cir. · 2017 · signal: see · confidence high
See 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 frivolous appeal).
cited Cited "see" United States v. James Shandy
8th Cir. · 2016 · signal: see · confidence high
See 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).
cited Cited "see" Houseal v. Commissioner
8th Cir. · 2011 · signal: see · confidence high
See United States v. Gerads, 999 F.2d 1255, 1256-57 (8th Cir.1993) (per curiam).
cited Cited "see" Richmond v. Comm'r
Tax Ct. · 2011 · signal: see · confidence high
See United States v. Gerads , 999 F.2d 1255 , 1256 (8th Cir. 1993) ; Bland-Barclay v. Commissioner , T.C.
Retrieving the full opinion text from the archive…
United States
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
93-1449.
Court of Appeals for the Eighth Circuit.
Aug 30, 1993.
999 F.2d 1255
Cited by 23 opinions  |  Published

999 F.2d 1255

72 A.F.T.R.2d 93-5506, 26 Fed.R.Serv.3d 574

UNITED STATES of America, Appellee,
v.
Gregory L. GERADS, individually; Dorothea A. Gerads,
individually, Appellants,
Gregory L. Gerads, as Trustee for Rocky Hills; Dorothea A.
Gerads; Ruth M. Bloch; Jeffrey J. Gerads; Beth
M. Gerads; Peggy E. Gerads, Defendants.

No. 93-1449.

United States Court of Appeals,
Eighth Circuit.

Submitted June 29, 1993.
Decided July 26, 1993.
Rehearing Denied Aug. 30, 1993.

Gregory L. Gerads and Dorothea A. Gerads, Freeport, MN, for appellants.

Gary R. Allen, Dept. of Justice, Washington, DC, for appellee.

Before FAGG, BEAM, HANSEN, Circuit Judges.

PER CURIAM.

1

Gregory L. Gerads and Dorothea A. Gerads, 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.

2

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.

3

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").

4

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 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.").

5

Accordingly, we affirm the district court's judgment and grant the government's motion for sanctions in the amount of $1,500.

1

The Honorable Harry H. MacLaughlin, United States District Judge for the District of Minnesota