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Commissioner Vs. Shapiro
Cites for this judgment
- US Supreme Court
- Mar 08, 1976
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U.S. 614 (1976) U.S. Supreme Court Commissioner v. ShapiroSearch
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U.S. 614 (1976) Commissioner of Internal Revenue v. ShapiroSearch
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that an unresolved fact issue existed as to whether the case fell within the exception to the Act formulated in Enochs v. WilliamsSearch
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affirmance of the extradition order by the Court of Appeals for the Second Circuit, Page 424 U. S. 620 Shapiro v. FerrandinaSearch
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it had no jurisdiction to consider the claim for relief from the levies, and remanded for further proceedings. Shapiro v. SecretarySearch
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this case falls within the narrow exception to the Anti-Injunction Act formulated in this Court's decision in Enochs v. WilliamsSearch
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Enochs v. WilliamsSearch
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to a discovery request or on direct order of the court, the exception to the Anti-Injunction Act provided in Enochs v. WilliamsSearch
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and thus can never show that the Government will certainly be unable to prevail. We agree with Shapiro. In Enochs v. WilliamsSearch
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of the Act, Enochs v. WilliamsSearch
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It is true that, in Phillips v. CommissionerSearch
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from which it appears that the Government may prevail. The Constitution does not invariably require more, Gerstein v. PughSearch
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North Georgia Finishing, Inc. v. Di-ChemSearch
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The Court of Appeals rejected, on the record before it, and on the authority of Phillips v. CommissionerSearch
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This standard, considered by the Court of Appeals to be consistent with Enochs v. WilliamsSearch
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Packing was based on cases decided by other Courts of Appeals, primarily Pizzaello v. UnitedSearch
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States, 408 F.2d 579 (CA2 1969), and Lucia v. UnitedSearch
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Sniadach v. FamilySearch
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Gerstein v. PughSearch
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a claimed violation of procedural due process, a careful weighing of the respective interests is required, Goss v. LopezSearch
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and we have noted that the Government's interest in collecting the revenues is an important one, Fuentes v. ShevinSearch
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This interest is clearly sufficient to justify seizure of a taxpayer's assets without a preseizure hearing, Fuentes v. ShevinSearch
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inquiry into the basis for his assessment absent factual allegations of irreparable injury by the taxpayer. Phillips v. CommissionerSearch
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a), and the principle of Enochs v. WilliamsSearch
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proper, and should have been affirmed. Given, however, the result the Court very recently reached in Laing v. UnitedSearch
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far from certain that the Court is correct, and I am confused by the Court's failure even to cite Bob Jones University v. SimonSearch
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requirements of Williams Packing and, now, of Mr. Justice Brandeis' opinion for a unanimous Court in Phillips v. CommissionerSearch
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U.S. Supreme Court Commissioner v. ShapiroSearch
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Commissioner of Internal Revenue v. ShapiroSearch
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Shapiro v. FerrandinaSearch
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Shapiro v. SecretarySearch
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Shapiro. In Enochs v. WilliamsSearch
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Phillips v. CommissionerSearch
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of Phillips v. CommissionerSearch
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Pizzaello v. UnitedSearch
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and Lucia v. UnitedSearch
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of Enochs v. WilliamsSearch
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Laing v. UnitedSearch
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Bob Jones University v. SimonSearch
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