· 9/16/1998
Koehler v. USA
Citations
- 153 F.3d 263
- 82 A.F.T.R.2d (RIA) 6270
- 1998 U.S. App. LEXIS 22686
- 1998 WL 549538
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding based on “the plain terms of the statute” that a “taxpayer may maintain a suit under § 2410(a) only if at the time she files suit the government had a mortgage or other lien on the property that is the basis of the taxpayer’s quiet title action”
- “[S]overeign immunity is jurisdictional and, therefore, deprives this court of the ability to hear the merits of [a] claim altogether.”
- no waiver where action outside scope of 28 U.S.C. 2410(a) (authorizing action to quiet title where United States holds lien or mortgage on property); Porter v. Fox, 99 F.3d 271, 274 (8th Cir. 1996
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Demoss, Benavides
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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