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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