- 19 - estate of the same decedent” has become final. Sec. 6512(a); Hemmings v. Commissioner, 104 T.C. at 226, 232-233. Indeed, even in the other forums, the taxpayer apparently is barred from bringing a second suit for the same tax even if that second suit is based on a different issue. Hemmings v. Commissioner, 104 T.C. at 233-234. Thus, Hemmings does not support the dissent’s contentions as to what is respondent’s claim in the instant case, against which equitable recoupment is sought to lie. Because the majority opinion’s analysis, in combination with Mueller I, appears to dispose of the instant case, failure to respond to the other considerations dealt with in Judge Beghe’s dissent, is not to be taken as acceptance of, or disagreement with, the views Judge Beghe expresses as to the many hurdles petitioner must overcome in order to succeed in the highly technical realm of equitable recoupment. COHEN, PARR, and RUWE, JJ., agree with this concurring opinion.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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