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ORDWAY v. U.S.

No. 89-5753.

908 F.2d 890 (1990)

John G. ORDWAY and Margaret M. Ordway, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 10, 1990.

Attorney(s) appearing for the Case

Gary R. Allen, Chief, Appellate Section, Tax Div., Dept. of Justice, Barbara I. Hodges, Brian Griffin, Jonathan S. Cohen, and Calvin C. Curtis, Washington, D.C., for defendant-appellant.

Cynthia S. Rosenblatt, Burton G. Ross, and Craig D. Norman, Ross, Rosenblatt & Wilson, Minneapolis, Minn., for plaintiffs-appellees.

Before FAY and JOHNSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

JOHNSON, Circuit Judge:

The United States ("the government") appeals from the district court's grant of summary judgment in favor of plaintiffs/appellees John G. Ordway, Jr. and Margaret M. Ordway ("taxpayers") and its order directing a refund of federal gift taxes paid by the taxpayers for the calendar quarters ending September 30, 1979 and March 31, 1980.

I. STATEMENT OF THE CASE

On January 16, 1917, Lucius P. Ordway established an irrevocable...

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