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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
-
- UNITED STATES v. WILLIAMS
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 94-395. Argued February 22, 1995-Decided April 25, 1995
-
- The Government assessed a tax against Jerrold Rabin and placed a
- lien on all of his property, including his interest in the home he
- jointly owned with respondent Lori Williams, his then-wife. Before
- the Government recorded its lien, Rabin transferred his interest in
- the home to Williams, as part of a division of assets in contempla-
- tion of divorce. Although Williams was not personally liable for the
- tax, she paid it under protest to remove the lien and sued for a
- refund under 28 U. S. C. 1346(a)(1), which waives the Govern-
- ment's sovereign immunity from suit in ``[a]ny civil action . . . for
- the recovery of any internal-revenue tax alleged to have been
- erroneously or illegally assessed or collected.'' The Government
- responded that it was irrelevant whether the Government had a
- right to Williams' money because she lacked standing to seek a
- refund under 1346(a)(1). According to the Government, that
- provision authorizes refund actions only by the assessed party, i.e.,
- Rabin. The District Court accepted this jurisdictional argument, but
- the Court of Appeals reversed.
- Held: Section 1346(a)(1) authorizes a refund suit by a party who,
- though not assessed a tax, paid the tax under protest to remove a
- federal tax lien from her property. Pp. 3-13.
- (a) Williams' plea falls squarely within 1346(a)(1)'s broad and
- unequivocal language authorizing suit for ``any . . . tax . . . errone-
- ously . . . collected.'' Pp. 3-5.
- (b) The Government's strained reliance on the interaction of three
- other provisions to narrow 1346(a)(1)'s waiver of sovereign immuni-
- ty is rejected. The Government argues: Under 26 U. S. C. 7422, a
- party may not bring a refund action without first exhausting admin-
- istrative remedies; under 26 U. S. C. 6511, only a ``taxpayer'' may
- exhaust; under 26 U. S. C. 7701(a)(14), Williams is not a taxpayer.
- The Government's argument fails at two statutory junctures. First,
- the word ``taxpayer'' in 6511(a)-the provision governing adminis-
- trative claims-cannot bear the weight the Government puts on it.
- This provision's plain terms provide only a deadline for filing for
- administrative relief, not a limit on who may file. Further, the
- Government's claim that Williams is not at this point a ``taxpayer''
- is unpersuasive. In placing a lien on her home and then accepting
- the tax payment she made under protest, the Government surely
- subjected Williams to a tax, even though she was not the assessed
- party. Colorado Nat. Bank of Denver v. Bedford, 310 U. S. 41, 52,
- distinguished. Pp. 5-8.
- (c) The Government's strained reading of 1346(a)(1) would leave
- people in Williams' position without a remedy. This consequence
- reinforces the conclusion that Congress did not intend refund actions
- under 1346(a)(1) to be unavailable to persons situated as Lori
- Williams is. Though the Government points to the levy, quiet-title,
- and separate-fund remedies authorized by 26 U. S. C. 7426, 28
- U. S. C. 2410(a)(12), and 26 U. S. C. 6325(b)(3), respectively, none
- of those realistically would be available to Williams or others in her
- situation. Moreover, because those remedies offer pre-deprivation
- relief, they do not become superfluous if some third party suits are
- authorized by 1346(a)(1), a post-deprivation remedy available only
- if the taxpayer has paid the Government in full. Pp. 8-11.
- (d) The principle on which the Government relies, that parties
- generally may not challenge the tax liabilities of others, is not
- unyielding. See, e.g., Stahmann v. Vidal, 305 U. S. 61. The burden
- on that principle is mitigated here because Williams' main challenge
- is to the existence of a lien against her property, rather than to the
- underlying assessment on her husband. Moreover, the Govern-
- ment's forecast that allowing her to sue will lead to rampant abuse
- by parties volunteering to pay others' taxes seems implausible. In
- any event, the disposition herein does not address the circumstanc-
- es, if any, under which a party who volunteers to pay a tax as-
- sessed against someone else may seek a refund under 1346(a).
- Pp. 11-13.
- 24 F. 3d 1143, affirmed.
- Ginsburg, J., delivered the opinion of the Court, in which Stevens,
- O'Connor, Scalia, Souter, and Breyer, JJ., joined. Scalia, J., filed
- a concurring opinion. Rehnquist, C. J., filed a dissenting opinion, in
- which Kennedy and Thomas, JJ., joined.
-