HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
prior-claim rule
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A quick definition of prior-claim rule:
The prior-claim rule is a principle that says if you want to get back some money you paid in taxes, you have to tell the government first. You can't just go straight to court and ask for your money back. You have to let the Internal Revenue Service know that you think you paid too much and ask them to give you a refund or reduce the amount you owe. Only after you've done that can you take legal action if necessary.
A more thorough explanation:
The prior-claim rule is a principle that states that a taxpayer must first assert their claim to the Internal Revenue Service before suing for a tax refund or abatement.
For example, if a taxpayer believes that they have overpaid their taxes, they must first file a claim with the IRS before taking legal action to recover the overpayment.
Another example is if a taxpayer believes that they are entitled to an abatement of taxes due to an error on the part of the IRS, they must first assert their claim to the IRS before taking legal action.
The prior-claim rule is in place to ensure that taxpayers follow the proper procedures for resolving tax disputes and to prevent unnecessary litigation.