NATIONAL DATA CORPORATION & SUBSIDIARIES, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, 291 F.3d 1381

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.