Legal Opinion

Schroeder Oil Co. v. Iowa State Department of Revenue & Finance

Supreme Court of Iowa

Decided July 18, 1990No. 89-1139PublishedCited by 12 opinions

1Opinion of the Court

HARRIS, Justice.

In this dispute over the assessment of fuel taxes the taxpayer challenges the constitutionality of a system which fails to provide either a predeprivation or postde-privation hearing in the absence of a bond. We find no constitutional requirement for the predeprivation hearing but agree with the taxpayer’s challenge with regard to the absence of an opportunity for a postdepri-vation hearing.

The Iowa department of revenue and finance (the department) issued a notice of assessment against the petitioner, Schroeder Oil Co., for delinquent fuel taxes in the amount of $484,020.85…

2Cases cited8 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Baldwin v. HaleSupreme Court of the United States · 1864
  3. Northwestern Bell Telephone Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1984
  4. Thorp Credit, Inc. v. BarrSupreme Court of Iowa · 1972
  5. Polk County Drainage District Four v. Iowa Natural Resources CouncilSupreme Court of Iowa · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. MannSupreme Court of Iowa · 1999
  2. In Re MorrowSupreme Court of Iowa · 2000
  3. Glowacki v. State Board of Medical ExaminersSupreme Court of Iowa · 1993
  4. Ford v. Iowa Department of Human ServicesSupreme Court of Iowa · 1993
  5. State v. EamesSupreme Court of Iowa · 1997

7 more not listed; retrieve them via the Exa API.

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