green
Positive treatment
Quoted verbatim 1×
8.8 score
“we have never recognized a constitutional violation arising from the collection of taxes”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Beech v. Commissioner
we have never recognized a constitutional violation arising from the collection of taxes
discussed
Cited "see"
PEOPLE OF CAL. EX REL. ERVIN v. District Director
See Wages v. IRS, 915 F.2d 1230, 1235 (9th Cir.1990), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991); Ivy v. Mason, 30 F.Supp.2d 1268, 1270 (D.Idaho 1998); see also Shwarz v. United States, 234 F.3d 428, 434 (9th Cir.2000).
cited
Cited "see"
Bakalov v. State of Utah
See O’Bremski v. Maass, 915 F.2d 418, 420 (9th Cir.1990), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991).
discussed
Cited "see"
Pesci v. Internal Revenue Service
See Wages v. IRS, 915 F.2d 1230, 1235 (9th Cir.), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991) (affirming dismissal of Bivens claims against several IRS employees, because even though the plaintiff appeared to allege violation of her Fourth and Fifth Amendment rights, “we have never recognized a constitutional violation arising from the collection of taxes”); Decker v. Richardson, 920 F.Supp. 141, 143-44 (D.Or.1996) (“actions taken in conjunction with a federal tax collection will not support a Bivens claim... [T]he collection of taxes is not a constitutional vio…
discussed
Cited "see"
Decker v. Richardson
See Wages v. Internal Revenue Service, 915 F.2d 1280, 1235 (9th Cir.1990), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991) (no constitutional violation arises from the collection of taxes).
discussed
Cited "see"
Parsons v. Plotkin (In Re Pacific Land Sales, Inc.)
See Wages v. IRS, 915 F.2d 1230, 1233-34 (9th Cir.1990) (Court of Appeals did not have jurisdiction to review merits of earlier judgment that had not been timely appealed), cert, denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991).
discussed
Cited "see"
United States v. 87 Skyline Terrace
See Wages v. IRS, 915 F.2d 1230, 1234 (9th Cir.1990) (“Pursuant to Rule 60(b)(4), a litigant may attack a judgment as void due to lack of subject matter jurisdiction.”), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991); Watts v. Pinckney, 752 F.2d 406, 409 (9th Cir.1985).
discussed
Cited "see"
United States v. 87 Skyline Terrace
See Wages v. IRS, 915 F.2d 1230, 1234 (9th Cir.1990) ("Pursuant to Rule 60(b)(4), a litigant may attack a judgment as void due to lack of subject matter jurisdiction."), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991); Watts v. Pinckney, 752 F.2d 406, 409 (9th Cir.1985).
discussed
Cited "see"
Edward E. Allen Toni C. Allen v. Charles L. Gresham, Individually & as Officer of the Internal Revenue Service
See Wages v. IRS, 915 F.2d 1230, 1234-35 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991) (the remedies provided by Congress, particularly the right to sue the government for a refund of taxes improperly collected forecloses a damage action under Bivens ). 7 Third, any claim for declaratory relief asserted by Edward Allen is barred by tax exception to the Declaratory Judgment Act, 28 U.S.C.
discussed
Cited "see"
Priestly Thompson v. Kenneth W. Ducharme
See O'Bremski v. Maass, 915 F.2d 418, 423 (9th Cir.1990), cert. denied, 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991); McQueary, 924 F.2d at 833-34 . 10 Thompson contends that due process was denied because his community corrections officer did not testify at the revocation hearing.
cited
Cited "see"
Epperly v. United States
See Wages v. I.R.S., 915 F.2d 1230, 1235 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991).
cited
Cited "see"
Sassower v. Field
See Wages v. I.R.S., 915 F.2d 1230, 1235-36 (9th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991).
cited
Cited "see"
Sassower v. Field
See Wages v. I.R.S., 915 F.2d 1230, 1235-36 (9th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991).
discussed
Cited "see"
Douglas C. Borchers v. Samuel A. Lewis
See O'Bremski v. Maass, 915 F.2d 418, 422-23 (9th Cir.1990) (court could not give prisoner the relief of reinstating an erroneously calculated parole release date because whether or not the parole board afforded the prisoner due process, at a new hearing state law would require the board to declare that the release date was void), cert. denied, 111 S.Ct. 986 (1991). 7 AFFIRMED. * The panel unanimously finds this case suitable for decision without oral argument.
cited
Cited "see"
Union Pacific Railroad v. Nevada Power Co.
See O’Bremski v. Maass, 915 F.2d 418, 423 (9th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991).
cited
Cited "see"
Union Pacific Railroad Company v. Nevada Power Co.
See O'Bremski v. Maass, 915 F.2d 418, 423 (9th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991).
cited
Cited "see"
Horace Perkins, Jr. v. Dareld Kerby, Warden
See O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991).
discussed
Cited "see, e.g."
Orozco v. Clark
X “[T]he Due Process Clause clearly requires a ‘fair trial in a fair tribunal.]’ ” Bracy v. Gramley, 520 U.S. 899, 904-05 , 117 S.Ct. 1793, 1797 , 138 L.Ed.2d 97 (1997) (quoting Withrow v. Larkin, 421 U.S. 35, 46 , 95 S.Ct. 1456, 1464 , 43 L.Ed.2d 712 (1975)); In re Murchison, 349 U.S. 133, 136 , 75 S.Ct. 623, 625 , 99 L.Ed. 942 (1955); see also O’Bremski v. Maass, 915 F.2d 418, 422 (9th Cir.1990) (petitioner entitled to have parole release date considered by tribunal that was free from bias or prejudice), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991).
discussed
Cited "see, e.g."
Tidwell v. Marshall
IX “[T]he Due Process Clause clearly requires a ‘fair trial in a fair tribu *1046 nal[.]’ ” Bracy v. Gramley, 520 U.S. 899, 904-05 , 117 S.Ct. 1793, 1797 , 138 L.Ed.2d 97 (1997) (quoting Withrow v. Larkin, 421 U.S. 35, 46 , 95 S.Ct. 1456, 1464 , 43 L.Ed.2d 712 (1975)); In re Murchison, 349 U.S. 133, 136 , 75 S.Ct. 623, 625 , 99 L.Ed. 942 (1955); see also O’Bremski v. Maass, 915 F.2d 418, 422 (9th Cir.1990) (inmate entitled to have parole release date considered by tribunal that was free from bias or prejudice), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1070 (1991).
discussed
Cited "see, e.g."
Torricellas v. Davison
Here, the documentary evidence petitioner sought to present was simply not relevant to any matter before the Board; thus, the Board did not deny petitioner due process in failing to consider *1053 it. 10 Finally, the “Due Process Clause clearly requires a ‘fair trial in a fair tribunal[.]’ ” Bracy v. Gramley, 520 U.S. 899, 904-05 , 117 S.Ct. 1793, 1797 , 138 L.Ed.2d 97 (1997) (quoting Withrow v. Larkin, 421 U.S. 35, 46 , 95 S.Ct. 1456, 1464 , 43 L.Ed.2d 712 (1975)); In re Murchison, 349 U.S. 133, 136 , 75 S.Ct. 623, 625 , 99 L.Ed. 942 (1955); see also O’Bremski v. Maass, 915 F.2d 418…
discussed
Cited "see, e.g."
Harris v. United States
See, e.g., Wages v. Internal Revenue Serv., 915 F.2d 1230, 1235 (9th Cir.1990), cert. denied, 498 U.S. 1096 , 111 S.Ct. 986 , 112 L.Ed.2d 1071 (1991) (holding that where plaintiff asserted Fourth and Fifth Amendment violations based on allegedly fraudulent and intimidating conduct in the collection of taxes, “even were we to find that some sort of constitutional right is at stake here ... the remedies provided by Congress, particularly the right to sue the government for a refund of taxes improperly collected, foreclose a damage action under Bivens . ... ”); Christensen, 916 F.2d at 1476 (…
discussed
Cited "see, e.g."
Martin Allen Johnson v. State of Oregon
Sec. 2254; see also O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991). 6 When Johnson filed his petition he was not in the custody of the State of Oregon. 1 Rather, Johnson was incarcerated at the Federal Corrections Institution in Sheridan, Oregon.
discussed
Cited "see, e.g."
Vern Lemrick v. Sheriff Skipper
"If it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the judge shall make an order for its summary dismissal." Rule 4, Rules Governing Section 2254 Cases, 28 U.S.C. § foll. § 2254; see also O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991). 4 Lemrick did not allege in his petition that he was convicted by the State of Oregon or that he was in state custody when he filed his petition.
discussed
Cited "see, e.g."
Daniel R. Denardo v. Roberta Schowen, Jonathan Cohen, F. Michael Kovach, David A. Hubbert, Gary Allen, William Rose, Murray S. Horwitz
See, e.g., Wages v. IRS, 915 F.2d 1230, 1235 (9th Cir.1990), cert. denied, 111 S.Ct. 986 (1991); Baddour, Inc. v. United States, 802 F.2d 801, 807-08 (5th Cir.1986); Cameron v. IRS, 773 F.2d 126, 129 (7th Cir.1985).
Retrieving the full opinion text from the archive…
Young
v.
Wireman, Warden
v.
Wireman, Warden
No. 90-6435.
Supreme Court of the United States.
Feb 19, 1991.
C. A. 6th Cir. Certiorari denied.