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from allowing equitable recoupment of an estate tax overpayment
against an income tax deficiency. In this connection, we note
that what is involved herein is a question of our authority and
not a question of our jurisdiction since we already have
jurisdiction by virtue of the income tax deficiency notice and
the timely petition filed in response thereto. Thus, the cases
articulating a principle that the jurisdiction of this Court is
limited to that conferred upon it by Congress represented by
Commissioner v. Gooch Milling & Elevator Co., supra, and its
progeny, have no application. See Estate of Mueller v.
Commissioner, 101 T.C. at 553, 560.
In sum, we hold that petitioners are entitled to recoup the
barred estate tax overpayment against the stipulated income tax
deficiencies. Thus, we shall grant petitioners' motion and deny
respondent's motion for summary judgment.
To take into account our conclusion herein and the
stipulation of settled issues,
An appropriate order will be
issued, and decision will be entered
under Rule 155.
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Last modified: May 25, 2011