Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405


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              DISMISSED IN PART:  December 10, 2001
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                          GSBCA 15658-TD


                SCHRAGER AUCTION GALLERIES, LTD.,

                                             Appellant,

                                v.

                   DEPARTMENT OF THE TREASURY,

                                             Respondent.

     A. J. Schrager, Schrager Auction Galleries, Ltd., Milwaukee, WI, appearing for
Appellant.

     Donald M. Suica and Eric Colin Crane, Office of Chief Counsel, Internal Revenue
Service, Department of the Treasury, Washington, DC, counsel for Respondent.

WILLIAMS, Board Judge.

     In this appeal, Schrager Auction Galleries, Ltd., appellant, seeks $10,000 for services
it allegedly performed in conjunction with a sale of certain seized property including coins
and jewelry which the Internal Revenue Service (IRS) ultimately canceled.  Appellant
contends that between December 23, 1999, and March 28, 2000, it spent three months of
intensive labor inventorying and preparing the items for sale and accelerated its efforts in
order to meet the IRS' scheduled sale date of June 22-23, 2000.  The $10,000 it is seeking
represents the employee hours and commissions that were lost as well as certain appraisal
costs.  The appellant also seeks $50,000 in punitive damages based upon its claimed 
mistreatment by individuals representing the United States Government.

     This matter comes before the Board on respondent's motion to dismiss the punitive
damages portion of the claim.

                            Discussion

     Absent express consent of Congress, no punitive damages can be recovered against
the United States.  Janice Cox d/b/a Occupro Limited, ASBCA 50,587, 01-1 BCA   31,377,
citing, Advance Engineering Corp., ASBCA 46889, 95-1 BCA   27,475, at 136,870, aff'd on
reconsideration, 96-1 BCA   28,003; Missouri Pacific Railroad Co. v. Ault, 256 U.S. 554,
564 (1921) ("The purpose for which the Government permitted itself to be sued was
compensation, not punishment.").

     This Board has no subject matter jurisdiction to award punitive damages since there
has been no waiver of sovereign immunity for such a suit in this forum.  As such,
respondent's motion to dismiss in part is GRANTED.





                                   _________________________________
                                   MARY ELLEN COSTER WILLIAMS
                                   Board Judge

We concur:



________________________________        _______________________________
EDWIN B. NEILL                     ALLAN H. GOODMAN
Board Judge                             Board Judge