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JENKINS v. COMMISSIONER OF INTERNAL REVENUE

Docket No. 05-4756-ag.

483 F.3d 90 (2007)

Daniel Taylor JENKINS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE Service, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 6, 2007.

Attorney(s) appearing for the Case

Frederick R. Dettmer, Pelham, NY, for Petitioner-Appellant.

Marion E.M. Erickson, (Eileen J. O'Connor, Assistant Attorney General, and Jonathan S. Cohen, Attorney, on the brief), Tax Division, United States Department of Justice, Washington, DC, for Respondent-Appellee.

Thomas Whyatt, Oxman Tulis Kirkpatrick Whyatt and Geiger LLP, White Plains, NY, for Amicus Curiae New York Yearly Meeting of the Religious Society of Friends.

Before KEARSE, CABRANES, and KATZMANN, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

We consider here the claim that religious objections to military activities or spending may form the basis for avoiding the payment of federal taxes. The claim is not new,1 although it is presented in somewhat unusual garb.

Petitioner Daniel Taylor Jenkins, a religious objector to military spending, appeals a decision of the United States Tax Court granting respondent Commissioner of Internal...

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