USCFC General Jurisdiction-Reported

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12-645C • PRAIRIE COUNTY, MONTANA and GREENLEE COUNTY, ARIZONA v. THE UNITED STATES

Filed 10/29/2013
Payment in Lieu of Taxes Act, 31 U.S.C. §§ 6901-6907; Accrual Suspension; Contract Programs Versus Benefits Programs; RCFC 12(b)(6) Signed by Judge Sweeney.

13-362C • GLORIA TREVIÑO, individually and as next friend for Robert Rodriguez Treviño v. THE UNITED STATES

Filed 10/29/2013
RCFC 12(b)(1); Lack of Jurisdiction over Parties Other than United States, Veterans’ Benefits Claims, Civil Rights Claims, Torts, RICO Claims, Prisoners in State Prison, Injunctive Relief, Punitive Damages Signed by Judge Firestone.

10-244 • BASR PARTNERSHIP, by and through, WILLIAM F. PETTINATI, SR., Tax Matters Partner, v. THE UNITED STATES

Filed 10/29/2013
Jurisdiction, 28 U.S.C. § 1508 (re: 28 U.S.C. § 6226 petition); Summary Judgment, RCFC 56(c); Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (1982) (codified as amended in scattered sections of 26 U.S.C.); 26 U.S.C. § 743 (adjustment to basis of partnership property); 26 U.S.C. § 754 (election to adjust partnership basis); 26 U.S.C. § 6223(a)(2) (notice to partners of administrative adjustment); 26 U.S.C. § 6225(a)(1) (re: partnership item assessment period); 26 U.S.C. § 6226(a) (time period to readjust partnership items); 26 U.S.C. § 6229(c)(1) (time period for administrative adjustment of a final partnership item); 26 U.S.C. § 6501(c)(1) (exceptions to time period for false or fraudulent returns, with the intent to evade tax). Signed by Judge Braden.

13-495 • KIRELL TAYLOR v. THE UNITED STATES

Filed 10/25/2013
Rule 12(b)(1) Motion to Dismiss; Renunciation of Citizenship; Civil Rights Violations; Lack of Subject Matter Jurisdiction; No Money-Mandating Statute Alleged. Signed by Judge Wheeler.

10-885C • FREDERICKSBURG NON-PROFIT HOUSING CORP. v. THE UNITED STATES

Filed 10/23/2013
Lack of Subject Matter Jurisdiction Under 28 U.S.C. § 2501; Statute of Limitations; Failure to State a Claim for Anticipatory Breach of Contract; Anticipatory Repudiation; Low-Income housing; LIHPHRA; Plan of Action; Section 8 Subsidies. Signed by Judge Firestone.

06-587T • UNIONBANCAL CORPORATION & SUBSIDIARIES v. THE UNITED STATES

Filed 10/23/2013
Tax refund suit; Trial; Lease-in/lease out (LILO) transaction involving public arena; Substance-over-form doctrine; Consolidated Edison and Wells Fargo examined; “Rent” payments not deductible under section 162(a)(3) of the Code; Purchase option likely to be exercised; “Interest” payments not deductible under section 163 of the Code; Circular obligations yielded no genuine indebtedness. Signed by Judge Allegra.

11-339C • KATHERINE G. COOPER v. THE UNITED STATES

Filed 10/21/2013
Abandoned Back Pay Claim Under 37 U.S.C. § 204; Retroactive Disability Retirement Pay Under 10 U.S.C. § 1201; First Competent Board Rule; Military Correction Board; Constructive Service Doctrine; Dismissed For Lack Of Jurisdiction. Signed by Judge Firestone.

11-581C • UNITRAC, LLC v. THE UNITED STATES

Filed 10/18/2013
28 U.S.C. § 1498; 28 U.S.C. § 2501, Statute of Limitations; 35 U.S.C. § 286. Signed by Judge Damich.

11-742C • TANYA L. TOWNE v. THE UNITED STATES

Filed 10/18/2013
10 U.S.C. § 1212(c)(1)(A), “combat-related operations”, Chevron deference. Signed by Judge Damich.

10-311C • LARRY D. TALLACUS v. THE UNITED STATES

Filed 10/17/2013
28 U.S.C. § 1331 (federal question); 28 U.S.C. § 1391(e)(1) (venue); 28 U.S.C. § 1631 (transfer to cure want of jurisdiction); 29 U.S.C. § 206(d) (Equal Pay Act); 29 U.S.C. § 216(b) (jurisdiction under the Fair Labor Standards Act); 42 U.S.C. § 2000e et seq. (Civil Rights Act, Title VII); RCFC 40.1 (reassignment) Signed by Judge Braden.

11-453C • SUFI NETWORK SERVICES, INC. v. THE UNITED STATES

Filed 10/16/2013
Recovery of Attorneys’ Fees, Expenses, and Interest; Lodestar Method; Attorneys’ Reasonable Rates and Hours Expended; Overhead and Profit. Signed by Judge Wheeler.

00-40C • GENERAL MOTORS CORPORATION v. THE UNITED STATES

Filed 10/10/2013
Original Cost Accounting Standards (“CAS”) 413.50(c)(12) segment closing adjustment; calculation of “actuarial liabilities” under CAS 413.50(c)(12); pension benefit increases added shortly prior to segment closing do not result in “inequitable” segment closing calculation Signed by Judge Firestone.

11-456T • JONATHAN L. KAPLAN v. THE UNITED STATES

Filed 10/09/2013
Rule 12(b)(1) Motion to Dismiss; 26 U.S.C. § 6672; Tax Refund Suit; Divisible Tax; Cohan Rule; Payroll Taxes Signed by Judge Wheeler.

12-484C • FASTSHIP, LLC v. UNITED STATES

Filed 10/09/2013
Patent case; claim construction for United States Patents Nos. 5,080,032; 5,231,946 Signed by Judge Lettow.

09-108 T • AMERGEN ENERGY CO., LLC, by and through EXELON GENERATION CO., LLC, tax matters partner v. THE UNITED STATES

Filed 10/08/2013
Tax; Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), 26 U.S.C. §§ 6221-6234 (2006); Adjustment of Partnership Tax Items; 26 U.S.C. §§ 461(h), 468A, 1012 (2006); Economic Performance Rule; Cost Bases of Acquired Nuclear Power Plants Do Not Include Decommissioning Liabilities. Signed by Judge Bush.

00-512L • PETRO-HUNT, L.L.C. v. THE UNITED STATES

Filed 10/04/2013
Denial of protective order; Fees and costs under RCFC 37; Opportunity to be heard; Plaintiff’s motion for protective order was not “substantially justified”; No circumstances make an award unjust; Attorney’s fees awarded. Signed by Judge Allegra.

13-597 C • TRC GLOBAL SOLUTIONS, INC. v. UNITED STATES OF AMERICA

Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.

13-596 C • CAPITAL RELOCATION SERVICES, LLC v. UNITED STATES OF AMERICA

Filed 10/04/2013
Subject-matter jurisdiction Signed by Judge Block.

13-592 C • BROOKFIELD RELOCATION INC. v. UNITED STATES OF AMERICA

Filed 10/04/2013
Pre-award bid protest; Subject-matter jurisdiction; Ripeness; Standing; Mootness Signed by Judge Block.

12-45 L • THE HOPI TRIBE, a federally recognized Indian Tribe v. UNITED STATES OF AMERICA

Filed 10/04/2013
Motion to dismiss; Subject-matter jurisdiction; Sovereign immunity; Indian trust Signed by Judge Block.

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