Opinion

A.E. MacTaggart v. Com. of PA

Court
Commonwealth Court of Pennsylvania
Filed
May 26, 2021
Status
Unpublished
On the bench
PER CURIAM
Cited by
0 cases
Authority
More cited than 15.6%

The opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Andrew E. MacTaggart, :

Petitioner :

: No. 614 F.R. 2019

v. :

:

Commonwealth of Pennsylvania, :

Respondent :

:

Andrew E. MacTaggart, :

Petitioner :

: No. 207 F.R. 2020

v. :

: Submitted: March 12, 2021

Commonwealth of Pennsylvania, :

Respondent :

OPINION NOT REPORTED

MEMORANDUM OPINION

PER CURIAM FILED: May 26, 2021

Before the Court are exceptions (Exceptions) filed by Andrew E.

MacTaggart (Taxpayer), pro se, to this Court’s October 19, 2020 Memorandum

Opinion and Order (October 19, 2020 Opinion).1 There, this Court affirmed the

Board of Finance and Revenue’s (Board) orders issued on April 16, 2019, and

1

See MacTaggart v. Commonwealth (Pa. Cmwlth., Nos. 614 F.R. 2019 & 207 F.R. 2020,

filed October 19, 2020).

January 13, 2020, finding that Taxpayer must pay Pennsylvania Personal Income Tax

for tax years 2017 and 2018.2 We overrule Taxpayer’s Exceptions.

The facts are straightforward. Taxpayer filed 2017 and 2018 PA-40 tax

returns reporting zero dollars of taxable income. Taxpayer attached Federal Form

4852 to his tax returns, in which Taxpayer asserted that he did not receive any

payments in the course of a trade or business, federal or federally connected

employment, investment, or other taxable activity, and that he thus did not receive

any taxable income. To the contrary, the Department of Revenue (Department)

determined that Taxpayer had received a 2017 Form W-2 indicating State Wages in

the amount of $119,838.90 and a 2018 Form W-2 indicating State Wages in the

amount of $121,806.00. The Department accordingly increased Taxpayer’s

compensation to those amounts, and issued Taxpayer a Notice of Assessment for tax,

penalties, and interest. Taxpayer filed a Petition for Reassessment for both tax years

with the Department’s Board of Appeals, which denied his request for relief, finding

that Taxpayer failed to provide any substantial evidence to support his position that

his income was not taxable.

Taxpayer then filed a Review of Reassessment Petition for each tax year

with the Board, challenging the Department’s authority to assess Taxpayer’s income

absent its personal knowledge of his receipts, and asserting that the tax returns that

Taxpayer filed—reporting zero taxable income—were dispositive of his tax liability.

The Board rejected Taxpayer’s position, concluding that, under Article III of the Tax

Reform Code of 1971 (the Code), Act of March 4, 1971, P.L. 6, as amended, added

by the Act of August 31, 1971, P.L. 362, 72 P.S. §7301-61, Taxpayer met the

2

Docket No. 614 F.R. 2019 relates to tax year 2017. Docket No. 207 F.R. 2020 relates to

tax year 2018. These matters were consolidated by order dated June 17, 2020.

2

definition of a “taxpayer,” the receipts at issue met the definition of “income,” and

the Department is authorized to make inquiries, determinations, and assessments of

Pennsylvania Personal Income Tax.3 Accordingly, the Board concluded that

Taxpayer failed to meet his burden to prove that the Department’s assessment was

erroneous.

Taxpayer filed Petitions for Review in this Court, contending that his

“private unprivileged earnings” did not qualify as income for purposes of

Pennsylvania law. Citing the Department’s regulation at 61 Pa. Code §101.7(a),4

Taxpayer took the position that “only privileged amounts are taxable.” (Petition for

Review, 614 F.R. 2019, ¶40.) The thrust of Taxpayer’s argument was that “one has

the right to work and keep 100% of the resulting earnings, but any earnings that result

from the exercise of a federal privilege are ‘taxable income’ subject to the federal

income tax and the Pennsylvania income tax . . . .” Id.

3

Section 301(w) of the Code defines a “taxpayer” as “any individual, estate or trust subject

to the tax imposed by this article, any partnership having a partner who is a taxpayer under this act,

any Pennsylvania S corporation having a shareholder who is a taxpayer under this act and any

person required to withhold tax under this article.” 72 P.S. §7301(w). Section 301(j) of the Code

defines “income” for a resident individual as “compensation, net profits, gains, dividends, interest

or income enumerated and classified under section 303 of this article[, 72 P.S. §7303].” 72 P.S.

§7301(j). Section 338(a) of the Code provides that the Department “is authorized and required to

make the inquiries, determinations and assessments” of Pennsylvania Personal Income Tax. 72 P.S.

§7338(a).

4

This regulation provides, in relevant part, that “[a]n amount, the privilege of receiving

which is taxable, shall be considered as received in the year in which it is actually or constructively

received unless includable for a different year in accordance with the method of accounting of the

taxpayer.” 61 Pa. Code §101.7(a) (emphasis added); see also section 302(a) of the Code, 72 P.S.

§7302(a) (“Every resident individual, estate or trust shall be subject to, and shall pay for the

privilege of receiving each of the classes of income hereinafter enumerated in section 303, [72 P.S.

§7303,] a tax upon each dollar of income received by that resident during that resident’s taxable

year at the rate of three and seven hundredths per cent.”) (emphasis added).

3

In the October 19, 2020 Opinion, this Court granted the

Commonwealth’s Application for Summary Relief,5 thereby rejecting Taxpayer’s

position, and finding no error in the determinations below that Taxpayer’s earnings

constituted income for purposes of the Pennsylvania Personal Income Tax. We noted

that Taxpayer’s argument concerning “privileged” earnings had been soundly

rejected in previous decisions. October 19, 2020 Opinion, slip op. at 4-6 (discussing

Roytburd v. Commonwealth, 958 A.2d 1064 (Pa. Cmwlth. 2008), aff’d without

opinion, 971 A.2d 1125 (Pa. 2009); Barnes v. Commonwealth (Pa. Cmwlth., No. 451

F.R. 2009, filed April 9, 2010) (unreported)6). We concluded that Taxpayer had not

advanced “any valid legal argument that would justify his position that he is not

obligated to pay taxes as required by the . . . Code.” Id. at 6. Thus, we agreed with

the Commonwealth that it “is beyond clear that Taxpayer’s wages as reported in his

2017 and 2018 W-2s are subject to Pennsylvania Income Tax.” Id.

Taxpayer filed Exceptions7 to the October 19, 2020 Opinion. In his

Exceptions, and brief in support thereof, Taxpayer expresses a litany of grievances.

5

See Pa.R.A.P. 1532(b) (“At any time after the filing of a petition for review in an appellate

or original jurisdiction matter, the court may on application enter judgment if the right of the

applicant thereto is clear.”).

6

Under section 414(a) of this Court’s Internal Operating Procedures, an unreported panel

opinion may be cited for its persuasive value. 210 Pa. Code §69.414(a).

7

Pennsylvania Rule of Appellate Procedure 1571(i) states:

Any party may file exceptions to an initial determination by [this

C]ourt under this rule within 30 days after the entry of the order to

which exception is taken. Such timely exceptions shall have the

effect, for the purposes of Rule 1701(b)(3) (authority of lower court

or agency after appeal) of an order expressly granting reconsideration

of the determination previously entered by the court. Issues not raised

on exceptions are waived and cannot be raised on appeal.

Pa.R.A.P. 1571(i).

4

Substantively, Taxpayer appears to assert that issues of material fact precluded a

grant of summary relief in favor of the Commonwealth. Taxpayer further provides a

list of objections to the Commonwealth’s advocacy and to this Court’s October 19,

2020 Opinion. Generally, this list encompasses various assertions that this Court

should not have ruled upon the matter by summary disposition, that we thereby

necessarily relied upon mere opinion and speculation rather than evidence, that we

improperly denied Taxpayer discovery, and that we misconstrued Taxpayer’s legal

position. However, Taxpayer does not clarify his legal argument or explain how this

Court erred in affirming the Board’s determination that the amounts reflected in

Taxpayer’s W-2s constituted taxable income.

Indeed, Taxpayer’s brief does not include any statement of the legal

questions at issue before this Court. Rather, Taxpayer uses his brief to suggest that

he has been “defrauded by pettifogger shysters groveling for filthy lucre utilizing

democratic, a/k/a ‘Mob Rule’ statutes, depriving [Taxpayer] of [his] right in an

attempt to overthrow the Constitution of the [U]nited States of America in the nature

of sedition and treason.” (Taxpayer’s Br. at 4.) Taxpayer further accuses the Court

and the Commonwealth of a “criminal conspiracy” to take his private property

without just compensation and to deprive him of due process. Id. Taxpayer refers to

counsel for the Commonwealth as “terrorists” and “quislings,” a term defined as a

“traitor who collaborates with the invaders of his country, especially by serving in a

puppet government.” Id. at 5. Beyond these insults and accusations, Taxpayer offers

numerous references to the Bible, the Declaration of Independence, a speech by a

5

federal judge to the Federalist Society, and other materials similarly lacking in

relevance to the Pennsylvania Personal Income Tax.8

The Commonwealth opposes Taxpayer’s Exceptions, first contending

that Taxpayer’s briefing is so defective as to warrant dismissal. The Commonwealth

emphasizes the absence from Taxpayer’s brief of a statement of the questions

involved, which is required under Pennsylvania Rule of Appellate Procedure 2116(a).

The Commonwealth notes precedent of this Court in which we have found ourselves

“constrained by the mandatory language” of that rule to quash an appeal due to the

absence of a statement of the questions presented, inasmuch as “Pa.R.A.P. 2116(a)

and pertinent case law clearly and emphatically mandate the inclusion of a statement

of questions involved in an appellate brief.” (Commonwealth’s Br. at 17 (quoting

Wicker v. Civil Service Commission, 460 A.2d 407, 409 (Pa. Cmwlth. 1983)).)

Although recognizing Taxpayer’s pro se status, the Commonwealth stresses that “a

court cannot be expected to become a litigant’s counsel or find more in a written pro

se submission than is fairly conveyed in the pleading.” Id. at 18 (quoting

Commonwealth v. Blakeney, 108 A.3d 739, 766 (Pa. 2014)). Apart from the technical

deficiencies of Taxpayer’s brief, the Commonwealth highlights numerous portions of

Taxpayer’s brief, including those quoted above, with regard to which the

Commonwealth invokes Wicker’s characterization of an argument as “a hotchpotch

consisting of ‘general rambling discourse’ rife with invective, innuendo and insult.”

Id. (quoting Wicker, 460 A.2d at 409).

8

Following the filing of his Exceptions and brief in support thereof, Taxpayer filed

numerous documents with the Court. Many are styled as affidavits, but their content and purpose

are difficult to discern. Numerous of Taxpayer’s filings either demand the production of various

documents, request that we take judicial notice of his assertions, or threaten legal action against the

Commonwealth or this Court. To the extent that any of these filings seek any form of relief from

this Court, we will deny such relief.

6

With regard to the merits, the Commonwealth argues that we properly

granted summary relief in its favor because there was no material dispute of fact and

no legal basis upon which to conclude that Taxpayer’s earnings did not constitute

taxable income. Importantly, the Commonwealth notes, Taxpayer does not dispute

that he received the amounts reported in his 2017 and 2018 W-2s, and he has referred

to those amounts as “earnings,” “private earnings,” “private unprivileged earnings,”

and “pay for labor.” Id. at 23-24. Taxpayer solely advanced a legal argument that

those “earnings” did not constitute taxable income under the Code. Because this is a

meritless suggestion, the Commonwealth contends that there was no error in our

October 19, 2020 Opinion.

We agree with the Commonwealth. Taxpayer’s Exceptions and brief in

support thereof fail to establish any error in this Court’s October 19, 2020 Opinion.

“An application for summary relief [under Pa.R.A.P. 1532] is to be granted only if

there are no material factual disputes and the movant’s entitlement to relief is clear.”

Northwestern Youth Services, Inc. v. Department of Public Welfare, 66 A.3d 301, 309

n.11 (Pa. 2013). As the Commonwealth emphasizes, it bears repeating that Taxpayer

does not dispute his receipt of the amounts reported in his 2017 and 2018 W-2s;

rather, he objects to the characterization of those amounts as “wages” or “income”

subject to taxation, inasmuch as he believes that “payments for labor are not among

the enumerated classes of income.” (Taxpayer’s Br. at 20.) Thus, the dispute

between Taxpayer and the Commonwealth was one of law, not of material fact.

Taxpayer’s legal position, moreover, is meritless. Section 303(a)(1)(i)

of the Code plainly includes “compensation” among the “classes of income,” defined,

in relevant part, as “[a]ll salaries, wages, commissions, bonuses and incentive

payments whether based on profits or otherwise, fees, tips and similar remuneration

7

received for services rendered . . . .” 72 P.S. §7303(a)(1)(i). Regardless of

Taxpayer’s preferred terminology, his “payment for labor” constituted “remuneration

received for services rendered.” Id. Therefore, it was “compensation,” and, thus,

“income.” See October 19, 2020 Opinion, slip op. at 4 n.3. The material fact, i.e.,

Taxpayer’s receipt of the amounts at issue, was not disputed, and Taxpayer’s legal

argument was meritless, entitling the Commonwealth to relief. See Pa.R.A.P.

1532(b); Northwestern Youth Services, 66 A.3d at 309 n.11. To the extent that the

remainder of Taxpayer’s present filings contain a legal argument, it is materially

identical to the one that this Court properly rejected in its October 19, 2020 Opinion.

Accordingly, we overrule Taxpayer’s Exceptions.

8

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Andrew E. MacTaggart, :

Petitioner :

: No. 614 F.R. 2019

v. :

:

Commonwealth of Pennsylvania, :

Respondent :

:

Andrew E. MacTaggart, :

Petitioner :

: No. 207 F.R. 2020

v. :

:

Commonwealth of Pennsylvania, :

Respondent :

PER CURIAM

ORDER

AND NOW, this 26th day of May, 2021, the exceptions filed by

Andrew E. MacTaggart are OVERRULED, and the Prothonotary is directed to

enter judgment in favor of the Commonwealth of Pennsylvania. All pending

applications for relief and requests for judicial notice are DENIED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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