OPINION
TANNENWALD, Judge: Respondent determined deficiencies in,
and additions to, the decedents' Federal income taxes as follows:
Additions to Tax Under I.R.C. Secs.
Year Deficiency 6653(a)(1) 6653(a)(2) 6659
1981 $55,681 $2,784 1 $16,704
1982 60,047 3,002 1 18,041
1 Addition to tax is 50 percent of the interest due on the
portion of the underpayment due to negligence.
After concessions by both parties, the issue remaining for
decision is whether, under the doctrine of equitable recoupment,
petitioners may offset against their Federal income tax liability
an overpayment of estate tax, the claim for which is barred by
the statute of limitations.
The case is before us on cross-motions for summary judgment.
All the facts have been stipulated. The stipulation of
facts and attached exhibits are incorporated herein by this
reference. There being no dispute as to any material fact, this
case is ripe for disposition in accordance with the cross-motions
of the parties for summary judgment. Rule 1211; Brotman v.
Commissioner, 105 T.C. 141 (1995). For the purpose of such
disposition, we set forth the relevant facts.
Petitioners are the estates of Violet J. Bartels (Mrs.
Bartels) and Gordon H. Bartels (Mr. Bartels). At the date of
1 All statutory references are to the Internal Revenue Code in
effect for the years at issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011