Lake Shore National Bank v. Coyle

SWYGERT, Circuit Judge.

This appeal concerns a suit for refund of alleged overpayments of estate taxes instituted by plaintiffs, Lake Shore National Bank and Melvin R. Luster, as executors of the estate of Arthur M. Luster, deceased. The district court was presented with two issues on cross-motions for summary judgment. They were: (1) whether the estate was entitled to a marital deduction in the amount of $200,000; and (2) whether the estate was entitled to recover $7,-105.61 as an alleged overpayment of interest. The court held for the estate on the first issue and the District Director has…