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Kozikowski v. Commissioner

United States Court of Appeals, Eighth Circuit
Nov 15, 2007
258 F. App'x 60 (8th Cir. 2007)

Opinion

No. 07-1281.

Submitted: November 7, 2007.

Filed: November 15, 2007.

Appeal from the United States Tax Court.

Justyn J. Kozikowski, St. Louis, MO, pro se.

Marion E.M. Erickson, Andrea R. Tebbets, Attorney, Eileen J. O'Connor, U.S. Department of Justice, Donald L. Korb, U.S. Internal Revenue Service Office of Chief Counsel, Washington, DC, for Appellee.

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


Justyn Kozikowski appeals the tax court's dismissal of his action challenging the result of a collection due process hearing relating to tax deficiencies. Upon de novo review, we agree with the tax court that Kozikowski failed to state a plausible or cognizable claim for relief. See Wilcox v. Comm'r of Internal Revenue, 848 F.2d 1007, 1008 (9th Cir. 1988) (de novo standard of review); Bell Atlantic Corp. v. Twombly, ___ U.S. ___, ___, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007) (complaint must plead enough facts to state claim for relief that is plausible); Yuen v. Comm'r of Internal Revenue, 92 T.C.M. (CCH) 1, 3 (2006) (argument is frivolous where it is "contrary to established law and unsupported by a reasoned, colorable argument for change in the law"); May v. Comm'r of Internal Revenue, 752 F.2d 1301, 1303-04 n. 3 (8th Cir. 1985) (affirming dismissal for failure to state claim because, even if all of taxpayer's allegations were assumed to be true, petition merely contained conclusory assertions attacking constitutionality of Internal Revenue Code and its applicability to taxpayer, all of which had been rejected).

The Honorable Peter J. Panuthos, United States Tax Court Judge.

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Kozikowski's pending motions.


Summaries of

Kozikowski v. Commissioner

United States Court of Appeals, Eighth Circuit
Nov 15, 2007
258 F. App'x 60 (8th Cir. 2007)
Case details for

Kozikowski v. Commissioner

Case Details

Full title:Justyn J. KOZIKOWSKI, Appellant, v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Court of Appeals, Eighth Circuit

Date published: Nov 15, 2007

Citations

258 F. App'x 60 (8th Cir. 2007)

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