Elton G. Jones, Plaintiff-appellant, v. the United States, Defendant-appellee, 878 F.2d 1444 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 878 F.2d 1444 (Fed. Cir. 1989) May 5, 1989. Rehearing Denied June 5, 1989

Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.

PER CURIAM.


DECISION

Elton G. Jones (Jones) appeals from a September 21, 1988 Order of the Claims Court, docket no. 552-88T, dismissing his complaint for lack of jurisdiction. We affirm.

OPINION

The complaint was properly dismissed because Jones never paid the tax and never filed an administrative refund claim. Hence the Claims Court lacked jurisdiction. See Flora v. United States, 362 U.S. 145, 177 (1960); Arch Eng'g Co. v. United States, 783 F.2d 190, 190 (Fed. Cir. 1986).

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