National Data Corporation & Subsidiaries v. United States

291 F.3d 1381, 52 Fed. Cl. 1381, 89 A.F.T.R.2d (RIA) 2756, 2002 U.S. App. LEXIS 10262, 2002 WL 1076696

Opinion

PER CURIAM.

National Data Corporation and Subsidiaries (“NDC”) appeals a decision of the United States Court of Federal Claims. The Court of Federal Claims summary judgment decision denied NDC’s tax refund claim. Nat’l Data Corp. & Subsidiaries v. United States, 50 Fed. Cl. 24, 25 (2001). NDC argued that certain amounts it expended for leasehold improvements qualified for the “world headquarters exception” to the repeal of the investment tax credit. The exception is codified in § 204(a)(7) of the Tax Reform Act of 1986. The Court of Federal Claims holding depends predominantly on its interpretation of the phrase “agreement to lease” in sub-paragraph (B) of § 204(a)(7). This court finds the Court of Federal Claims interpretation of such phrase to be correct. Therefore, we adopt as this court’s opinion the Court of Federal Claims interpretation of this particular phrase and similarly adopt the Court of Federal Claims application of such interpretation to the facts of this case. As a result, we affirm.

AFFIRMED.

COSTS

No costs.