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Through the Tucker Act (March 3, 1887, ch. 359, , ), the United States government has waived its sovereign immunity with respect to certain lawsuits. The Tucker Act may be divided into the "Big" Tucker Act, which applies to claims above $10,000 and gives jurisdiction to the United States Court of Federal Claims, and the "Little" Tucker Act (), the current version of which gives concurrent jurisdiction to the Court of Federal Claims and the District Courts "for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws", and for claims below $10,000. ==Permitted lawsuits== Suits may arise out of express or implied contracts to which the government was a party. Damages may be liquidated or unliquidated. Suits may be brought for Constitutional claims, particularly taking of property by the government to be compensated under the Fifth Amendment. Parties may bring suit for a refund of taxes paid. Explicitly excluded are suits in which a claim is based on a tort by the government. The Tucker Act granted jurisdiction to the Court of Claims over government contract money claims both for breach, and for relief under the contracts in the form of equitable adjustment. As an alternative to proceeding directly against the United States pursuant to the Tucker Act, the Supreme Court, in ''Burr v. FHA'',〔Burr v. FHA, 〕 has stated that Congress may organize "sue and be sued" agencies; such agencies may be sued in any court of otherwise competent jurisdiction as if it were a private litigant, as long as the agency is to pay out the judgment from its own budget, not from the U.S. Treasury. Whether the agency or the Treasury is to pay depends on the congressional intent. The Tucker Act in itself does not create any substantive rights, but must be paired with a "money mandating" statute that allows for the payment of money, per the Supreme Court decision in ''United States v. Testan''.〔''United States v. Testan'', 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Tucker Act」の詳細全文を読む スポンサード リンク
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