Piccadilly Cafeterias, Inc. v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on the parties’ cross motions for partial summary judgment pursuant to RCFC 56. At issue is whether plaintiff, Piccadilly Cafeterias, Inc., is entitled to a refund of taxes based on section 467 of the Internal Revenue Code (“code”), for an overpayment of taxes because of the Internal Revenue Service’s disallowance of certain rental expense deductions. The court heard oral argument on July 15, 1996. This is a case of first impression in that no other court has interpreted this statute. For the reasons set forth below, the court…