Elizabeth S. McKee v. United States of America, Deborah Gibbs v. United States

WALTER E. HOFFMAN, Senior District Judge:

These cases are consolidated on appeal from orders of the United States District Court for the Middle District of North Carolina, granting summary judgment to the government on plaintiffs’ tax refund suits. The appeal questions the applicability of 26 U.S.C. § 6702 to the factual situations presented and further questions the constitutionality of the statute itself. We affirm the judgments of the district court, holding that 26 U.S.C. § 6702 is a constitutional statute which is applicable to the 1983 tax returns filed by appellants McKee and Gibbs.

FACTS