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91-2003.ZS
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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.