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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. CALIFORNIA et al.
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 91-2003. Argued February 23, 1993-Decided April 26, 1993
-
- After California issued sales and use tax deficiency notices to federal
- contractor Williams Brothers Engineering Company (WBEC) in 1978
- and 1982, the State assessed approximately $14 million in such taxes
- against WBEC for the tax years 1975 through 1981. Under its
- contract with the United States, WBEC received an annual fixed fee
- plus reimbursement for costs, including the state taxes. At the
- Government's direction, WBEC applied to the State Board of
- Equalization for redetermination of the assessments, but each claim
- was denied, with minor exceptions. WBEC then paid the
- assessments under protest, using funds the Government provided,
- and filed timely actions in state court. In January 1988, the State
- and WBEC stipulated to a $3 million refund and to dismissal of the
- actions without prejudice. In May 1988, the Government filed suit in
- the Federal District Court, seeking a declaratory judgment that
- California had classified and taxed WBEC erroneously under state
- law and an $11 million refund plus interest. In granting the State
- summary judgment, the District Court rejected the Government's
- argument that it was entitled to recovery based on the federal
- common law cause of action for money had and received. The Court
- of Appeals affirmed.
- Held: The Federal Government may not recover the taxes it claims
- were wrongfully assessed under California law against WBEC.
- Pp. 4-13.
- (a) Shouldering the entire economic burden of a levy through
- indemnification does not give the Government a federal common law
- cause of action for money had and received to challenge a state tax on
- state-law grounds simply because it is the Government. The contract
- here is in all relevant respects identical to the ones discussed in
- United States v. New Mexico, 455 U. S. 720, in which the Court held,
- inter alia, that federal contractors are not immune from state taxes
- simply because the Government reimburses all of the contractors'
- state tax expenditures, see id., at 734-735. Moreover, the
- Government's voluntary agreement to reimburse (or even fund in
- advance) WBEC for the taxes does not make the Government's
- payments direct disbursements of federal funds to the State. Cf.
- Brady v. Roosevelt Steamship Co., 317 U. S. 575. Thus, the
- Government cannot use the existence of its obligation to indemnify
- WBEC to create the asserted federal cause of action. Bayne v. United
- States, 93 U. S. 642, and Gaines v. Miller, 111 U. S. 395, share two
- features this case lacks and therefore are inapposite. Because WBEC
- (1) did not steal or otherwise unlawfully take the money at issue from
- the Government, and (2) did not have a relationship with California
- that would make the State liable for WBEC's actions, the Court does
- not imply a contract in law between California and the Government.
- Without an implied contract, an action for money had and received
- will not lie against the State. See Bayne, supra, at 643. Pp. 4-9.
- (b) Because it indemnified WBEC, the Government has a right to
- be subrogated to WBEC's claims against the State. Under traditional
- principles of subrogation, however, a subrogee takes no more rights
- than its subrogor had. In this case, WBEC dismissed its state-law
- actions and the state statute of limitations has run against it. The
- Government argues that state statutes of limitations do not apply to
- it, but in Guaranty Trust Co. v. United States, 304 U. S. 126, this
- Court held that even if that were true, the principle did not apply
- when the Government acquired a right by assignment after the
- statute of limitations has run against the assignor. Id., at 141-142.
- Although the Government acquired a right to be subrogated to
- WBEC's claims when it paid the taxes, it was not subrogated to those
- claims until it filed this proceeding in federal court. By then, the
- state statute of limitations had run; thus, the Government was not
- subrogated to ``a right free of a pre-existing infirmity.'' Id., at 142.
- Pp. 9-12.
- 932 F. 2d 1346, affirmed.
- O'Connor, J., delivered the opinion for a unanimous Court.
-