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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- REICH v. COLLINS, REVENUE COMMISSIONER OF
- GEORGIA, et al.
- certiorari to the supreme court of georgia
- No. 93-908. Argued October 11, 1994-Decided December 6, 1994
-
- Georgia taxed retirement benefits paid by the Federal Government,
- but exempted those paid by the State, until this Court held, in
- 1989, that such a scheme violates the Federal Constitution. Georgia
- then repealed its state retiree tax exemption, but did not offer
- federal retirees refunds for the unconstitutional taxes they had paid
- before the Court's 1989 decision. Petitioner Reich, a federal retiree,
- sought redress under a Georgia statute requiring refunds of ``illegal-
- ly assessed'' taxes. In affirming the state trial court's denial of such
- relief, the State Supreme Court held that the refund statute does
- not apply where the law under which the taxes were assessed and
- collected was itself subsequently declared to be invalid. It then
- denied Reich's petition seeking reconsideration under McKesson
- Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of
- Business Regulation, 496 U. S. 18, and similar cases, which estab-
- lish that due process requires a ``clear and certain'' remedy for taxes
- collected in violation of federal law, and that a State may provide
- that remedy before the disputed taxes are paid (predeprivation),
- after they are paid (postdeprivation), or both. Reich petitioned for
- certiorari, and this Court remanded for further consideration in
- light of Harper v. Virginia Dept. of Taxation, 509 U. S. ___, which
- had relied on McKesson in circumstances similar to this case. In
- again denying Reich's refund claim, the State Supreme Court
- reviewed Georgia's predeprivation remedies and found those reme-
- dies to be ``ample.''
- Held: The Georgia Supreme Court erred in relying on Georgia's
- predeprivation remedies to deny relief. Although due process, under
- McKesson, allows a State to maintain a remedial scheme that is
- exclusively predeprivation, exclusively postdeprivation, or a hybrid,
- and to reconfigure its scheme over time to fit changing needs, it
- may not do what Georgia did here: ``bait and switch'' by reconfigur-
- ing, unfairly, in midcourse. Specifically, Georgia held out what
- plainly appeared to be a ``clear and certain'' postdeprivation remedy,
- its tax refund statute, and then declared, only after Reich and
- others had paid the disputed taxes, that no such remedy exists. In
- this regard, the State Supreme Court's reliance on predeprivation
- procedures was entirely beside the point (and thus error), because
- even assuming the constitutional adequacy of those procedures-an
- issue not here addressed-no reasonable taxpayer would have
- thought that they represented, in light of the apparent applicability
- of the refund statute, the exclusive remedy for unlawful taxes. Cf.
- NAACP v. Alabama ex rel. Patterson, 357 U. S. 449. The case is
- remanded for the provision of meaningful backward-looking relief
- consistent with due process and the McKesson line of cases.
- Pp. 4-7.
- 263 Ga. 602, 437 S. E. 2d 320, reversed and remanded.
- O'Connor, J., delivered the opinion for a unanimous Court.
-
-