- 36 - redetermination of value of shares at $1,700 per share . . . . . . 957,099 963,099 Minimum overpayment prior to recoupment . . . . 189,550 Plus: Maximum increase in credit for State death taxes . . . . . . . . . . . . . . 278,428 Maximum overpayment prior to recoupment . . . . 467,978 Plus: Claimed recoupment . . . . . . . . . . . 265,999 Maximum overpayment with recoupment . . . . . . 733,977 Petitioner’s amended petition, filed April 22, 1991, asserted two affirmative partial defenses against respondent’s estate tax deficiency determination: First, that although the Administration Trust’s September 10, 1990, claim for refund was barred by the statute of limitations, respondent erred by not applying equitable recoupment to reduce petitioner’s estate tax deficiency by the Administration Trust’s 1986 income tax overpayment caused by its use of a basis for the shares that was too low; and, second, that respondent erred in not applying the statutory mitigation provisions to allow the Administration Trust to file a timely claim for refund to recover the amount of the related overpayment. Issue was joined on both the equitable recoupment and statutory mitigation defenses when respondent denied these allegations in her amended answer. After we issued our opinion on the valuation issue, Mueller I, respondent moved, on the ground that the Tax Court lacked jurisdiction to grant equitable recoupment relief, to dismiss those paragraphs of the amended petition asserting the partial defense of equitable recoupment. In response, we issued Mueller II, holding that this Court has authority to apply equitablePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
Last modified: May 25, 2011