- 45 - 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 havePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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