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The End of the Line for the Pareskys?
Procedurally Taxing blog (2021)
  • Robert D. Probasco, Texas A&M University School of Law
Abstract
The issue of jurisdiction for stand-alone suits for additional interest on tax overpayments had seen a lot of activity in the past 2 or 3 years. We now have a third Circuit Court, the Eleventh, deciding that district courts do not have "refund suit" jurisdiction, with no dollar limitations, for such lawsuits. Taxpayers must sue under the Tucker Act, and for amounts over $10,000 jurisdiction lies solely with the Court of Federal Claims and not in district court.
Keywords
  • jurisdiction,
  • tax,
  • overpayments,
  • overpayment interest,
  • Tucker Act,
  • refund suits,
  • Pfizer,
  • Bank of America,
  • Paresky,
  • Eleventh Circuit
Disciplines
Publication Date
May 3, 2021
Citation Information
Robert D. Probasco. "The End of the Line for the Pareskys?" Procedurally Taxing blog (2021)
Available at: http://works.bepress.com/robert-probasco/132/