Pershing Division of Donaldson, Lufkin & Jenrette Securities Corporation, a Delaware Corporation v. United States

CURTIN, District Judge.

This case is before us on appeal of a grant of summary judgment and order to refund taxes collected by the United States Internal Revenue Service. The judgment of the district court is vacated, and the case is remanded with instructions to dismiss for want of jurisdiction.

I. Background

Timothy Sirmer and other defendants in the case below set up a sham corporation, “Key West,” in order to embezzle more than $3 million from plaintiff-appellee Pershing. Sirmer pled guilty to criminal charges and was sentenced to a prison term and repayment of more than $2 million in…