Estate of Timken v. United States

MEMORANDUM OF OPINION AND ORDER

[RESOLVING DOCS. 15 and 16]

JOHN R. ADAMS, District Judge.

In this tax refund case, the plaintiffs 1 seek a refund of over $4 million in genera tion-skipping transfer (“GST”) tax plus statutory interest. Plaintiffs’ entitlement to the refund turns on whether Treasury Regulation § 26.2601-1(b)(1)(v)(A), the constructive additions Regulation (the “Regulation”), 2 is valid; and, if the Regulation is valid, whether it applies to the facts in this case. Through their cross-motions for Summary Judgment (Docs. 15 and 16), which are presently before the Court, the parties…