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STRATEGIC HOUSING FIN. CORP., TRAVIS COUN. v. U.S.

No. 2009-5078.

608 F.3d 1317 (2010)

STRATEGIC HOUSING FINANCE CORPORATION OF TRAVIS COUNTY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 7, 2010.

Attorney(s) appearing for the Case

William Mark Scott, Law Office of W. Mark Scott PLLC, of Washington, DC, argued for plaintiff-appellant.

Bethany B. Hauser, Trial Attorney, Appellate Section, Tax Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were John A. Dicicco, Acting Assistant Attorney General, and Richard Farber, Attorney.

Before GAJARSA, LINN, and MOORE, Circuit Judges.

GAJARSA, Circuit Judge.

The issue before this court is whether a bond issuer must first seek an administrative refund for an arbitrage rebate from the Internal Revenue Service ("IRS") before filing a suit for a refund in the U.S. Court of Federal Claims ("CFC"). Strategic Housing Finance Corp. of Travis County, Texas ("Strategic Housing"), appeals from the CFC's order dismissing Strategic Housing's suit against the United States to recover its arbitrage rebate. In...

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