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Laing Vs. United States

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  • US Supreme Court
  • Jan 13, 1976

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79 entries 8 linked 71 unlinked
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  1. Fuentes Vs. Shevin US Supreme Court · Jun 12, 1972
  2. Boddie Vs. Connecticut US Supreme Court · Mar 02, 1971
  3. Goldberg Vs. Kelly US Supreme Court · Mar 23, 1970
  4. Morrissey Vs. Brewer US Supreme Court · Jun 29, 1972
  5. Cafeteria Workers Vs. Mcelroy US Supreme Court · Jun 19, 1961
  6. Snyder Vs. Marks US Supreme Court · Nov 15, 1883
    Relied / Followed
  7. Bell Vs. Burson US Supreme Court · May 24, 1971
  8. Goss Vs. Lopez US Supreme Court · Jan 22, 1975
  9. Laing v. United
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  10. States - 423 U.S. 161 (1976) U.S. Supreme Court Laing v. United
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  11. States, 423 U.S. 161 (1976) Laing v. United
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  12. et seq. We reverse in No. 73-1808 and affirm in No. 74-75. I A. No. 73-1808, Laing v. United
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  13. The District Court, relying on its controlling court's decision in Irving v. Gray
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  14. affirmed per curiam. 496 F.2d 853 (1974). It expressly declined to follow the Sixth Circuit's decision in Rambo v. United
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  15. These rulings of the Second Circuit, and one of the Page 423 U. S. 167 Seventh Circuit, Williamson v. United
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  16. States, 31 A.F.T.R.2d 73-800 (1971), appeared to be in conflict with holdings by other Courts of Appeals, Rambo v. United
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  17. Hall v. United
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  18. and Clark v. Campbell
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  19. U.S. 824 (1974). B. No. 74-75, United States v. Hall
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  20. IRS from selling the automobile and from seizing any more of respondent's property. Thereafter, relying upon Schreck v. United
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  21. for the Sixth Circuit affirmed per curiam, 493 F.2d 1211 (1974), relying upon its opinion and decision in Rambo v. United
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  22. termination, the taxpayer's taxable year has come to a close. See Sanzogmo v. Commissioner
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  23. assessment for a nonterminated year, but denying it to those subjected to an assessment following a jeopardy termination. v. Based
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  24. Together with No. 74-75, United States et al. v. Hall
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  25. United States v. Clark
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  26. The developing conflict among the federal courts was recognized in Willits v. Richardson
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  27. F.2d 240, 246 n. 4 (CA5 1974), and Jones v. Commissioner
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  28. contained its own assessment authority, see Schreck v. United
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  29. States, 301 F.Supp. 1265 (Md.1969), but it has since abandoned that position, see Lisner v. McCanless
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  30. The broad dictum to the contrary in the Board of Tax Appeals' 1938 opinion in Ludwig Littauer & Co. v. Commissioner
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  31. case, Jones v. Commissioner
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  32. be denied access to a judicial forum for up to six months. See supra at 423 U. S. 173 . Cf. Phillips v. Commissioner
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  33. the Government must make some preliminary showing in support of the assessment. See North Georgia Finishing, Inc. v. Di-Chem
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  34. U. S. 371 , 401 U. S. 379 (1971) (emphasis in original). See, e.g., Bell v. Burson
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  35. attributes of the due process requirement, however, depend upon accommodating the competing interests involved. Goss v. Lopez
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  36. law denies an affected taxpayer access to any forum for review of jeopardy assessments for up to 60 days. In Goss v. Lopez
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  37. North Georgia Finishing, Inc. v. Di-Chem
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  38. from other deprivations for due process purposes. I am aware of no precedent drawing that distinction. Phillips v. Commissioner
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  39. Flora v. United
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  40. States, 362 U. S. 145 , 362 U. S. 176 (1960). See Helvering v. Mitchell
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  41. power with respect to the collection of taxes, the Government's very existence could be threatened. See Cheatham v. United
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  42. Bob Jones University v. Simon
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  43. the taxpayer, such as a person claiming a prior lien, and have no possible application here. See Bob Jones University v. Simon
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  44. U.S. at 416 U. S. 731 -732, n. 6. The third exception is of judicial origin. The Court, in Enochs v. Williams
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  45. no adequate legal remedy. The Court recently reaffirmed the Williams Packing exception in Bob Jones University v. Simon
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  46. It noted that a somewhat different attitude had been evident in the 1930's. See Miller v. Standard
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  47. Nut Margarine Co., 284 U. S. 498 (1932), and Allen v. Regents
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  48. during the taxable year, rather than after its close and a return for it has been filed. See Ludwig Littauer .& Co. v. Commissioner
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  49. had not yet appeared. Thus, I disagree with the suggestions contained in Clark v. Campbell
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  50. F.2d 108, 121 (CA5 1974), in Rambo v. United
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