Vaughn v. Internal Revenue Service of the United States , 557 F. App'x 605 ( 2014 )


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  •                   United States Court of Appeals
    For the Eighth Circuit
    ___________________________
    No. 13-3451
    ___________________________
    William Vaughn
    lllllllllllllllllllll Plaintiff - Appellant
    v.
    Internal Revenue Service of the United States of America
    lllllllllllllllllllll Defendant - Appellee
    ____________
    Appeal from United States District Court
    for the Eastern District of Missouri - St. Louis
    ____________
    Submitted: March 3, 2014
    Filed: March 6, 2014
    [Unpublished]
    ____________
    Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.
    ____________
    PER CURIAM.
    William Vaughn brought this action in the district court,1 asserting, inter alia,
    that the Internal Revenue Service had illegally collected taxes on wages he had
    1
    The Honorable E. Richard Webber, United States District Judge for the
    Eastern District of Missouri.
    earned. He now appeals an adverse post-judgment order. Upon careful review, we
    conclude that the district court did not abuse its discretion in denying his motion to
    amend the judgment, pursuant to Federal Rule of Civil Procedure 59(e). See United
    States v. Metro. St. Louis Sewer Dist., 
    440 F.3d 930
    , 933 (8th Cir. 2006) (Rule 59(e)
    motions serve limited function of correcting manifest errors of law or fact or to
    present newly discovered evidence; denial of Rule 59(e) motion reviewed for abuse
    of discretion); see also 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). We further conclude that the
    district court did not abuse its discretion in denying Vaughn’s post-judgment request
    for leave to file an amended complaint. See Horras v. Am. Capital Strategies, 
    729 F.3d 798
    , 804 (8th Cir.), cert. denied, No. 13-843, 
    2014 WL 177056
    , at *1 (U.S. Feb.
    24, 2014) (denial of post-judgment request for leave to amend complaint reviewed for
    abuse of discretion; district court may appropriately deny leave to amend where, for
    example, amendment would be futile).
    Accordingly, we affirm. See 8th Cir. R. 47B. We also grant the government’s
    motion for sanctions,2 and we assess sanctions in the amount of $2,000. See 
    28 U.S.C. § 1912
    ; Fed. R. App. 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).
    ______________________________
    2
    We overrule Vaughn’s apparent objection to the clerk’s order that the
    sanctions motion be taken with the case.
    -2-
    

Document Info

Docket Number: 13-3451

Citation Numbers: 557 F. App'x 605

Judges: Benton, Bowman, Per Curiam, Shepherd

Filed Date: 3/6/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024