Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 36

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            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 equitable                               



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