- 13 - circumstances in which a Bivens remedy is unavailable: (1) “Congress has provided what it considers adequate remedial mechanisms for constitutional violations that may occur” in the course of administering a Federal program,6 (2) there are “special factors counselling hesitation in the absence of affirmative action by Congress”7 that indicate that congressional inaction has not been inadvertent, and (3) Congress has specifically foreclosed such relief (and courts cannot judicially create a remedy).8 Id. at 1156 n.3. The third circumstance is applicable to the instant case as the Anti-Injunction Act, section 7421(a), prohibits suits to restrain the assessment or collection of taxes.9 The first circumstance is also pertinent as Congress has given taxpayers the right to sue for a refund. Sec. 7422. Additionally, 6Schweiker v. Chilicky, 487 U.S. 412, 423 (1988); see the Court of Appeals for the Fifth Circuit’s decision in Baddour, Inc. v. United States, 802 F.2d 801, 807-808 (5th Cir. 1986), the court to which an appeal in this case would normally lie absent a stipulation to an appeal elsewhere; see also Natl. Commodity and Barter Ass’n v. Archer, 31 F.3d 1521, 1532 (10th Cir. 1994); Wages v. IRS, 915 F.2d 1230, 1235 (9th Cir. 1990); Cameron v. IRS, 773 F.2d 126, 129 (7th Cir. 1985). 7Carlson v. Green, 446 U.S. 14, 18 (1980); see Chappell v. Wallace, 462 U.S. 296 (1983). 8See Carlson v. Green, supra at 18-19. 9Sec. 6330(e)(1) overrides the Anti-Injunction Act and permits proceedings in the proper court, including this Court, to enjoin the beginning of a levy during the period the levy action is suspended. See Boyd v. Commissioner, 124 T.C. 296, 299 (2005).Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008