· 8/9/1941
Hammond Iron Co. v. Commissioner of Internal Revenue
Citations
- 122 F.2d 4
- 27 A.F.T.R. (P-H) 784
- 1941 U.S. App. LEXIS 2895
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the Export Clause is a money-mandating clause of the United States Constitution
- holding that plaintiffs were not required to file a claim for a refund with the IRS before pursuing an independent and self-executing claim based on the Export Clause of the United States Constitution
- concluding that the Tucker Act provided jurisdiction over an illegal exaction claim based upon the Export Clause of the Constitution because the language of that clause “leads to the ineluctable conclusion that the clause provides a cause of action with a monetary remedy”
- concluding that the Tucker Act provided jurisdiction over an illegal exaction claim based upon the Export Clause of the Constitution because the language of that clause “leads to the ineluctable conclusion that the clause provides a cause of action with a monetary remedy”
- holding tax refund suit not moot despite plaintiffs subsequent compliance with tax refund statute because plaintiff could potentially recover additional taxes under Tucker Act rather than under tax refund claim
- dismissing claims not previously filed with the IRS for lack of jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Piutcheson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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