Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 2

                                                - 2 -                                                  
                        Held:  Equitable recoupment is restricted to use                               
                  as a defense against an otherwise valid claim.  For                                  
                  purposes of equitable recoupment, the notice of                                      
                  deficiency is considered to be R's claim for additional                              
                  estate tax.  See Bull v. United States, 295 U.S. 247                                 
                  (1935).  Once it is determined that R has no valid                                   
                  claim for additional tax, the defense of equitable                                   
                  recoupment has no application.  Equitable recoupment                                 
                  cannot be used to increase the amount of an overpayment                              
                  that P is entitled to recover.                                                       

                  Stevan Uzelac, Michael A. Indenbaum, and Paul L. Winter,                             
            for petitioner.                                                                            
                  Thomas M. Rath and Trevor T. Wetherington, for respondent.                           


                                               OPINION                                                 

                  RUWE, Judge:*  Respondent determined a deficiency of                                 
            $1,985,624 in petitioner's Federal estate tax.  Respondent's                               
            deficiency determination was primarily based on her assertion                              
            that the date-of-death value of shares of stock in the Mueller                             
            Co. was $2,150 per share, as opposed to $1,505 per share as                                
            reported on the estate tax return.  The amount of the deficiency                           
            determined by respondent was the result of this increase in value                          
            and other adjustments not in issue, including respondent's                                 
            allowance of a credit for tax on prior transfers in the amount of                          
            $1,152,649, that had not been claimed by petitioner on its estate                          



                  *This case was reassigned to Judge Robert P. Ruwe by order                           
            of the Chief Judge.                                                                        




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