Myron Barlow and Arlene Barlow - Page 45




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          effective determination and adjudication of his final tax                    
          liability as to violate his Fifth Amendment rights to                        
          ‘fundamental due process.’”  Id.                                             
               Similarly, in Fendler v. Commissioner, 441 F.2d 1101 (9th               
          Cir. 1971), the Court of Appeals for the Ninth Circuit held that             
          there was no denial of due process in requiring a taxpayer first             
          to pay certain additions to tax and then to seek review of his               
          liability in a refund proceeding.                                            
               Further, it is well settled that                                        
                    The right of the United States to collect its                      
               internal revenue by summary administrative proceedings                  
               has long been settled.  Where, as here, adequate                        
               opportunity is afforded for a later judicial                            
               determination of the legal rights, summary proceedings                  
               to secure prompt performance of pecuniary obligations                   
               to the government have been consistently sustained.                     
               [Phillips v. Commissioner, 283 U.S. 589, 595 (1931);                    
               fn. ref. omitted.]                                                      
          and that                                                                     
               the right of the United States to exact immediate                       
               payment and to relegate the taxpayer to a suit for                      
               recovery is paramount.  [Id. at 599.]                                   
               In view of the foregoing, we reject petitioners’ contention,            
          and we hold that there is no overpayment in petitioners’ income              
          tax for 1982 insofar as additional interest under section 6621(c)            
          is concerned.  See sec. 6601(e)(1).                                          
          III.  Conclusion                                                             
               Petitioners have made other arguments that we have                      
          considered in reaching our decision.  To the extent that we have             






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