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Decided

US v. Clintwood Elkhorn Mining Company

Docket No.07-308
Op. BelowFed. Circuit
ArgumentMar 24, 2008

Holding

The plain language of 26 U. S. C. "" 7422(a) and 6511 requires a taxpayer seeking a refund for a tax assessed in violation of the export clause of the Constitution, just as for any other unlawfully assessed tax, to file a timely administrative refund claim before bringing suit against the government.

Judgment

Reversed, 9-0, in an opinion by John Roberts on Apr 15, 2008.

Proceedings & orders timeline

Jul 16, 2007
Application (07A49) to extend the time to file a petition for a writ of certiorari from July 26, 2007 to September 24, 2007, submitted to The Chief Justice.
Jul 17, 2007
Application (07A49) granted by The Chief Justice extending the time to file until September 9, 2007.
Sep 7, 2007
Petition for a writ of certiorari filed. (Response due October 9, 2007)
Oct 5, 2007
Order extending time to file response to petition to and including November 8, 2007.
Nov 2, 2007
Brief of respondents Clintwood Elkhorn Mining Company, et al. in opposition filed.
Nov 14, 2007
DISTRIBUTED for Conference of November 30, 2007.
Nov 14, 2007
Reply of petitioner United States filed. (Distributed)
Dec 3, 2007
Petition GRANTED.
Dec 19, 2007
Motion to dispense with printing the joint appendix filed by petitioner United States.
Jan 7, 2008
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 14, 2008
Brief of petitioner United States filed.
Jan 22, 2008
SET FOR ARGUMENT ON Monday, March 24, 2008
Feb 5, 2008
CIRCULATED.
Feb 11, 2008
Brief amicus curiae of Alliance Coal LLC filed. (Distributed)
Feb 12, 2008
Record received from the U.S.C.A. for the Federal Circuit. (1 envelope)
Feb 13, 2008
Brief of respondents Clintwood Elkhorn Mining Company, et al. filed. (Distributed)
Feb 20, 2008
Brief amicus curiae of National Federation of Independent Business Legal Foundation filed. (Distributed)
Mar 14, 2008
Reply of petitioner United States filed. (Distributed)
Mar 17, 2008
Letter and attachment, dated March 17, 2008, received from counsel for respondents. (Distributed).
Mar 24, 2008
Argued. For petitioner: William M. Jay, Assistant to the Solicitor General, Department of Justice Washington, D.C. For respondents: Patricia A. Millett, Washington, D.C.
Mar 25, 2008
Letter dated March 25, 2008, received from counsel for petitioner. (Distributed)
Mar 31, 2008
Record received from the U.S. Court of Federal Claims. (1 box)
Apr 15, 2008
Judgment REVERSED. Roberts, C. J., delivered the opinion for a unanimous Court.
May 19, 2008
JUDGMENT ISSUED.
May 28, 2008
Acknowledgement of receipt (05/23/08) of judgment from Clerk, United States Court of Appeals for the Federal Circuit received.
Jun 6, 2008
Record returned to the U.S.C.A. for the Federal Circuit.
Jun 6, 2008
Record returned to the U.S. Court of Federal Claims.

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