Wmi Holdings Corp. v. United States

O'Malley, Circuit Judge.

This appeal involves Appellant WMI Holdings Corp.'s ("WMI's") claim for a refund of federal taxes paid by its predecessor. 1 WMI contends it is entitled to more than $250 million in refunds attributable to losses and deductions that its predecessor should have received for certain intangible assets acquired from the federal government in the 1980s.

The United States Court of Federal Claims ("Claims Court") dismissed WMI's refund action, finding that WMI failed to establish, to a reasonable degree of certainty, a cost basis in each of the assets at issue. See Wash. Mut.,…