NEW YORK
v.
ILLINOIS ET AL.

U.S. | 1960-05-16
No. 4
362 U.S. 972 Supreme Court of the United States (1960) Positive Treatment
Cited by 1 case

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  • Lewis v. Sandler, 498 F.2d 395 (4th Cir. 1974)
    …1025 (1931). Moreover, a taxpayer ordinarily must pay the full assessment before bringing suit. Flora v. United States, 357 U.S. 63, 78 S.Ct. 1079, 2 L.Ed.2d 1165 (1958), aff’d on rehearing 362 U.S. 145, 80 S.Ct. 630, 4 L.Ed.2d 623 rehearing denied 362 U.S. 972, 80 S.Ct. 953, 4 L.Ed.2d 902 (1960). There is, however, an exception to this well established rule when, as here, the Commissioner has terminated the taxable year by summary assessment. See Irving v. Gray, 479 F. 2d 20, 24 n. 6 (2d Cir. 1973). Lewis…

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