United States Federal Circuit
Strategic Hous. Fin. Corp. of Travis County v. US, 09-5078
In plaintiff's suit against the U.S. to recover its arbitrage rebate, the order of the U.S. Court of Federal Claims (CFC) dismissing the suit for lack of jurisdiction under I.R.C. section 7422(a) is affirmed as section 7422(a) prohibits a court from asserting jurisdiction to hear a bond issuer's claim to recover an arbitrage rebate when the issuer failed to first seek an administrative refund from the IRS. However, the portion of the CFC's judgment regarding whether I.R.C. section 148(f)(3) grants the Secretary of the Treasury unfettered discretion to accelerate an arbitrage rebate is vacated as the court should not have conducted an APA analysis after recognizing that it lacked jurisdiction.
Appellate Information
- Decided 06/07/2010
- Published 06/07/2010
Judges
Court
- United States Federal Circuit