D. D. I., Inc. v. United States

ON PLAINTIFFS’ MOTION AND DEFENDANT’S CROSS MOTION FOR SUMMARY JUDGMENT

KUNZIG, Judge.

Plaintiffs are suing for a refund of interest paid as part of a settlement of accumulated earnings taxes.

After audit, the Commissioner of Internal Revenue proposed to assess accumulated earnings taxes1 of varying amounts against the plaintiffs. As a result of negotiations between plaintiffs and the Commissioner, it was agreed that the years under audit would remain “in suspense” until the outcome of three tax refund suits involving identical facts and circumstances with three other corporations.

On April 16,…