holding that the statute of limitations provided by 28 U.S.C. § 2415, rather than the state statute of limitations, governed an action brought by the United States on behalf of federal credit unions seeking to recover as damages sales taxes improperly paid by the federal credit unions
How later courts described this case
- holding that the statute of limitations provided by 28 U.S.C. § 2415, rather than the state statute of limitations, governed an action brought by the United States on behalf of federal credit unions seeking to recover as damages sales taxes improperly paid by the federal credit unions
- holding federal credit union federal instrumentality and immune from state taxation because it performs an “important governmental function” and is “extensively regulated” under federal, law
- holding a federal credit union not to be a government actor for Constitutional purposes
- holding that “an action for unjust enrichment is based on a quasi-contract, which is synonymous with a ‘contract implied in law.’ ”
Written by the judges who cited it.
The opinion
DAVID A. NELSON, Circuit Judge,
concurring.
I agree that the judgment of the district court must be affirmed, but I write separately to note that because there is a statute ( 12 U.S.C. § 1768 ) granting federal credit unions exemption from taxes imposed by state taxing authorities, I think it is unnecessary to decide whether federal credit unions are “federal instrumentalities” that would enjoy exemption from state taxes even if the statute had never been enacted.
Whether or not the United States Constitution makes federally chartered credit unions exempt from state taxation ex proprio vigore, it does not seem to me that Michigan’s four-year statute of limitations ought to apply here. The United States having brought this action at the request of the credit unions and for their benefit to recover taxes imposed illegally, I believe that the action is subject to the six-year limitations period prescribed by 28 U.S.C. § 2415 whether the illegality stems solely from 12 U.S.C. § 1768 or directly from the Constitution as well.