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Toth v. United States

Updated Sep 19, 2026

In brief

The Supreme Court refused to hear the case and denied review, so it did not decide whether IRS civil penalties are subject to the Constitution's protection against excessive fines.

Where it stands
Decided

Decided · January 23, 2023 · Opinion by Justice Gorsuch

What it’s about
This case involves whether civil penalties imposed by the IRS are subject to the Constitution's protection against excessive fines. The lower court ruled that the excessive fines clause did not apply to Ms.
Who it affects
The Court's refusal left the First Circuit's ruling in place for Toth, but it did not endorse the lower court's reasoning or create a Supreme Court rule.

Summary: written with AI from the case record.

Illustration for Toth v. United States
Conceptual illustration · AI-generated

What it's about

Toth because the penalty was considered remedial rather than a criminal punishment.

The case raised a broader question about when a civil government penalty can still count as punishment under the Constitution's ban on excessive fines.

Question presented

Whether civil penalties imposed by the IRS are subject to the Constitution's protection against excessive fines.

What the Court decided

Holding

Petition DENIED. Justice Gorsuch, dissenting from the denial of certiorari. (Detached Opinion )

The vote

Majority author
Neil Gorsuch

What's next

The Supreme Court's action is finished. The First Circuit's ruling remains in place for Toth, but this order provides no Supreme Court answer to the constitutional question.

Why it matters

This order did not resolve whether IRS civil penalties receive the Constitution's protection against excessive fines.

Documents

4

Docket activity

7
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • Opinion added: Toth

    Jan 23, 2023 · Court records

  • Opinion added: Opinion

    Jan 23, 2023 · Court records

Show 2 more
  • Brief added: Petition

    Aug 26, 2022 · Court records

  • Court Order added: Lower Court Orders/Opinions

    Jul 12, 2022 · Court records

More questions

5
What question did Toth v. United States present?
It asked whether civil penalties imposed by the IRS are subject to the Constitution's protection against excessive fines.
What did the Supreme Court do in Toth?
It refused to hear the case and denied review, so it did not decide that constitutional question.
Is the excessive-fines question resolved?
No. This docket action did not decide whether IRS civil penalties receive the Constitution's protection against excessive fines.
Who disagreed with refusing to hear Toth?
Justice Gorsuch disagreed with the Court's refusal to hear the case.
What happens next for Toth?
The Supreme Court's action is finished. The First Circuit's ruling remains in place for Toth, without a Supreme Court ruling on the constitutional question.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis