Rolling Rock Club v. United States

OPINION OF THE COURT

SEITZ, Circuit Judge.

The plaintiff, Rolling Rock Club, appeals the denial of its motion for summary judgment and the grant of summary judgment to the government in this action under 26 U.S.C. § 7422 (1982) for a refund of $329,-918.57 plus interest paid for taxes and interest after the Internal Revenue Service disallowed dividends received deductions claimed for the tax years 1974 and 1975. We have jurisdiction under 28 U.S.C. § 1291 (1982).

I

The issue presented to us is whether the plaintiff, a tax exempt social club under 26 U.S.C. § 501(c)(7), may claim the dividends…