Legal Opinion · Dissent

Monarch Mills v. United States

United States Court of Claims

Decided April 6, 1942No. 42118Published

1DissentWhaley, Chief Justice

I dissent from the decision of the majority of the court on the ground that this court does not have jurisdiction to review a special assessment determination of the Commissioner. That has been the consistent rule followed by the Supreme Court in all cases which have come before it for consideration. Williamsport Wire Rope Co. v. United States, 277 U. S. 551; Heiner v. Diamond Alkali Co., 288 U. S. 502; and Welch v. Obispo Oil Co., 301 U. S. 190. In these cases the Supreme Court has pointed out that “in this delicate and complex phase of revenue administration” it is beyond the power of the…

2Cases cited7 opinions

  1. Williamsport Wire Rope Co. v. United StatesSupreme Court of the United States · 1928
  2. Heiner v. Diamond Alkali Co.Supreme Court of the United States · 1933
  3. Welch v. Obispo Oil Co.Supreme Court of the United States · 1937
  4. Central Iron & Steel Co. v. United StatesUnited States Court of Claims · 1934
  5. Cuban-American Sugar Co. v. United StatesUnited States Court of Claims · 1939

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