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Abbott v. U.S.

United States Court of Appeals, Second Circuit
Oct 17, 2000
231 F.3d 889 (2d Cir. 2000)

Summary

In Abbott and Abramson, the court concluded that the legislative history was not compelling because it failed to provide the sort of "extraordinary showing of contrary intentions" necessary to justify a departure from the unambiguous statutory language.

Summary of this case from Mudge v. U.S.

Opinion

Docket No. 00-6029.

Argued: October 11, 2000.

Decided: October 17, 2000.

Appeal from a judgment of the United States District Court for the Northern District of New York, David N. Hurd, Judge, dismissing action seeking refunds of federal income and social security taxes withheld from lump-sum payments made to them by their employer upon the termination of their employment.

Affirmed.

Neil D. Kimmelfield, Portland, Oregon (James T. McDermott, Ball Janik, Portland, Oregon, on the brief), for Plaintiffs-Appellants.

Donald B. Tobin, Attorney, Tax Division, United States Department of Justice, Washington, D.C. (Paula M. Junghans, Acting Assistant Attorney General, Kenneth L. Greene, Attorney, Tax Division, United States Department of Justice, Washington, D.C., Daniel J. French, United States Attorney for the Northern District of New York, Syracuse, New York, on the brief), for Defendant-Appellee.

Before: NEWMAN and KEARSE, Circuit Judges, and KORMAN, Chief District Judge.

Honorable Edward R. Korman, Chief Judge of the United States District Court for the Eastern District of New York, sitting by designation.


The judgment dismissing plaintiffs' action seeking refunds of federal income and social security employment taxes withheld from lump-sum payments, made to them by their employer upon the termination of their employment, calculated on the basis of each plaintiff's salary and years of service, and conditioned on the signing of releases, is affirmed substantially for the reasons stated in the opinion of the district court, reported at 76 F.Supp.2d 236 (1999). Accord Abrahamsen v. United States, 228 F.3d 1360 (Fed. Cir. 2000); Associated Electric Cooperative, Inc. v. United States, 226 F.3d 1322 (Fed. Cir. 2000).


Summaries of

Abbott v. U.S.

United States Court of Appeals, Second Circuit
Oct 17, 2000
231 F.3d 889 (2d Cir. 2000)

In Abbott and Abramson, the court concluded that the legislative history was not compelling because it failed to provide the sort of "extraordinary showing of contrary intentions" necessary to justify a departure from the unambiguous statutory language.

Summary of this case from Mudge v. U.S.

In Abbott and Abramson, this distinction led the court to conclude that Congress limited § 7121(a)(1)'s exclusivity provision to the administrative arena when it added the word "administrative" to that subsection and that the CSRA consequently no longer bars a federal employee from seeking judicial relief in court.

Summary of this case from Mudge v. U.S.
Case details for

Abbott v. U.S.

Case Details

Full title:Marie N. ABBOTT, et al., Plaintiffs-Appellants, v. UNITED STATES of…

Court:United States Court of Appeals, Second Circuit

Date published: Oct 17, 2000

Citations

231 F.3d 889 (2d Cir. 2000)

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