Keener v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
PROST, Circuit Judge.
Plaintiffs-Appellants Kenneth C. Keener, William P. Smith, and Anne D. Smith (collectively, “Taxpayers”) brought suit against Defendant-Appellee the United States (“the Government”) in the United States Court of Federal Claims seeking refunds of federal income taxes and interest paid in connection with their investments in various partnerships. The Government filed a motion to dismiss for lack of jurisdiction, asserting that I.R.C. § 7422(h) foreclosed the court from exercising jurisdiction over Taxpayers’ partnership-level challenges in this partner-level suit. The Court…
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