Legal Opinion

Lyashenko v. United States

United States Court of Federal Claims

Decided August 14, 1998No. 98-136TPublishedCited by 7 opinions

1Opinion of the Court

OPINION

YOCK, Senior Judge.

This tax ease, in which the plaintiff seeks a refund, a declaratory judgment, and an injunction, is currently before the Court on the defendant’s Motion to Dismiss the Complaint for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”). For the reasons stated herein, the Court allows the defendant’s motion and dismisses the plaintiffs Complaint for want of jurisdiction.

Background

The plaintiff, Yuriy Lyashenko, is a Russian citizen who arrived in the United States on February 9, 1997, to…

2Cases cited17 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  5. United States v. TestanSupreme Court of the United States · 1976

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3Cited by7 opinions

  1. Skillo v. United StatesUnited States Court of Federal Claims · 2005
  2. Commonwealth Edison Co. v. United StatesUnited States Court of Federal Claims · 2000
  3. Pacetti v. United StatesUnited States Court of Federal Claims · 2001
  4. Consolidated Edison Co. of New York v. United StatesDistrict Court, S.D. New York · 1998
  5. Jordan v. United StatesUnited States Court of Federal Claims · 2007

2 more not listed; retrieve them via the Exa API.

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