Reich v. Collins

In a long line of cases, this Court has established that due process requires a “clear and certain” remedy for taxes collected in violation of federal law. Atchison, T. & S. F. R. Co. v. O’Connor, 223 U. S. 280, 285 (1912) (Holmes, J.). A State has the flexibility to provide that remedy before the disputed taxes are paid (predeprivation), after they are paid (postdeprivation), or both. But what it may not do, and what Georgia did here, is hold out what plainly appears to be a “clear and certain” postdeprivation remedy and then declare, only after the disputed taxes have been paid, that no…