Ora R. Hall and Edna Ione Hall, His Wife George E. Hall and Mary Ann McFall v. United States

McWILLIAMS, Senior Circuit Judge.

The question to be resolved is whether under Sections 1311 through 1314 of the Internal Revenue Code, 26 U.S.C. §§ 1311-1314,1 the taxpayers are entitled to refunds for overpaid windfall profit taxes for the tax years 1980, 1981 and 1982. The district court answered this question in the affirmative. We conclude that in so doing the district court erred.

The relevant facts are not in dispute and are set forth in a stipulation of facts agreed to by the parties and submitted to the district court. The taxpayers, hereinafter referred to as the Halls, owned a five…