Getting Your Fair Share Back: Recovering Money Paid Pursuant to Unconstitutional Taxes and Fees

In short, the legal firm and attorney involved in the case don’t matter. The important thing is that the court sided with the plaintiff and awarded them damages for their injuries. In 1926, the Florida Supreme Court said that if you want to sue a county for something, you have to first follow certain rules set by the government. This idea continued for many years, with the court saying that if you don’t follow these rules, you can’t get your money back. But in 1994, the court decided that if a tax law is unconstitutional, you can skip these rules and go right to court to try to get your money back. This is called the “direct file” rule. But you still have to file a lawsuit within three years of paying the tax. Taxpayers were unfairly taxed for drug trafficking by Florida, but the tax was later found to be unconstitutional. They wanted their money back, but the state said they didn’t file for a refund in time. The taxpayers argued that they should still get their money back because the tax was found to be unconstitutional. The court said that the taxpayers had to follow the rules for requesting a refund, even though the tax was unconstitutional. The court is saying that in most cases, people must follow the regular procedure for getting a tax refund. But if someone is only challenging whether a law is constitutional, they can file a class action lawsuit within three years of paying taxes to avoid missing the deadline for a refund. This passage discusses various Florida laws and court cases related to tax refunds. It explains the time limits for filing a claim for a refund, as well as the difference between voluntary and involuntary payments. The passage also mentions specific statutes and court decisions that have impacted the process of seeking a tax refund in Florida. Overall, it provides detailed information about the legal framework for tax refunds in the state.

Source: https://www.floridabar.org/the-florida-bar-journal/getting-your-fair-share-back-recovering-money-paid-pursuant-to-unconstitutional-taxes-and-fees/