Bank of Clearwater v. United States

OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

REGINALD W. GIBSON, Judge:

This tax refund suit, to recover alleged overpayments of federal estate taxes and assessed interest paid, comes before the court on plaintiffs’ motion for summary judgment and defendant’s cross-motion for partial summary judgment. To facilitate disposition of these motions, the parties have entered into a joint written stipulation of facts which was submitted to this court on May 17, 1983. However, the parties also agreed that if the plaintiffs do not prevail on their primary argument — that there is no statutory authority…