Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 1

                                          107 T.C. No. 13                                              

                                     UNITED STATES TAX COURT                                           

                            ESTATE OF BESSIE I. MUELLER, DECEASED,                                     
                  JOHN S. MUELLER, PERSONAL REPRESENTATIVE, Petitioner v.                              
                        COMMISSIONER OF INTERNAL REVENUE, Respondent                                   

                  Docket No. 2733-90.                  Filed November 5, 1996.                         

                        R determined a deficiency in P's estate tax                                    
                  liability.  P claims that it is entitled to equitable                                
                  recoupment of previously paid income tax, the refund of                              
                  which is barred by the statute of limitations.  In                                   
                  Estate of Mueller v. Commissioner, 101 T.C. 551 (1993),                              
                  we held that we have jurisdiction to consider claims of                              
                  equitable recoupment.                                                                
                        As a result of our valuation of stock includable                               
                  in the estate, see Estate of Mueller v. Commissioner,                                
                  T.C. Memo. 1992-284, it is now apparent that there is                                
                  no deficiency in estate tax; rather, P is entitled to                                
                  recover an overpayment of estate tax, regardless of                                  
                  equitable recoupment.  Under these circumstances, any                                
                  application of equitable recoupment would increase the                               
                  amount that P is entitled to recover as an overpayment.                              

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