MORGAN GUARANTY TRUST CO. OF NEW YORK v. UNITED STATES


277 F.2d 466 (1960)

MORGAN GUARANTY TRUST COMPANY OF NEW YORK and Joseph A. Zock, as Executors of the Estate of Richard N. Ryan v. UNITED STATES.

United States Court of Claims.

May 4, 1960.


Attorney(s) appearing for the Case

Thomas N. Tarleau, New York City, for plaintiffs. Mark F. Hughes, William FitzGibbon, Ethan Allen and S. Roy French, Jr., New York City, on the briefs.

George T. Qualley, Arlington, Va., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., on the brief.


MADDEN, Judge.

The plaintiffs are the executors of the estate of Richard N. Ryan. They overpaid the Federal estate taxes on his estate and, in due course, the overpayment, which amounted to $255,160.94, was refunded to them. Interest was paid them on $93,893.03 of the amount refunded, but no interest was paid on the other $161,267.91 of the refund. The instant suit is for interest on the latter sum.

The Government's refusal to pay the interest in question...

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