7/19/2018 | Articles
The Full-Payment Rule Strikes Hard: A Look at a Recent Decision
New York Law Journal
It has long been settled law that a taxpayer challenging a tax deficiency assessed by the Internal Revenue Service in federal district court is required to “pay first and litigate later.” While taxpayers can obtain pre-payment review of such deficiencies in Tax Court, a recent decision by the United States Court of Appeals for the Second Circuit in Larson v. United States applied the so-called “full-payment rule” to preclude any judicial review of a civil penalty in excess of $60 million. In this article, we discuss this decision, its application of the full-payment rule, and potential impact on taxpayers.
The Full-Payment Rule Strikes Hard: A Look at a Recent Decision (PDF | 369.30 KB)