- 7 - In Estate of Mueller v. Commissioner, supra, we concluded that, because the foundation of our jurisdiction was an estate tax deficiency, the case did not fall within the scope of section 6214(b), which speaks only in terms of determinations of "a deficiency of income tax for any taxable year or of gift tax for any calendar year or calendar quarter". Under these circumstances, we held that we had jurisdiction to permit the petitioner to offset a barred income tax overpayment. Respondent urges us to overrule Estate of Mueller and return to the historical picture that evolved from Commissioner v. Gooch Milling & Elevator Co., 320 U.S. 418 (1943), and reflected a consistent denial of our jurisdiction to allow equitable recoupment. This we will not do. Alternatively, respondent argues that because income tax deficiencies are the basis of our jurisdiction herein, Estate of Mueller is distinguishable and section 6214(b) clearly applies. We disagree. In focusing on the opening language of section 6214(b), respondent ignores the concluding language of the section, which speaks in terms of our not having "jurisdiction to determine whether or not the tax for any other year or calendar quarter has been overpaid or underpaid" (emphasis added). We think this language means that, at most, section 6214(b) may operate to preclude us from determining the income tax or gift tax for any prior period. In this connection, we note that inPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011