Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 42

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            447 (1968) (fully paid refund claim can't be revived by belated                            
            amendment after expiration of the period of limitations on the                             
            original claim).  The variance doctrine is based on a requirement                          
            that respondent have sufficient notice of taxpayers' claims, and,                          
            in the facts and circumstances of this case, I would conclude                              
            that respondent did not have such sufficient notice of the 1990                            
            claim within the statutory time limits.  Cf. United States v.                              
            Memphis Cotton Oil Co., 288 U.S. 62, 72 (1933) (suggestion that                            
            if amendments to informal claim had been made after it had been                            
            rejected on merits, they would have been too late); Lefrak v.                              
            United States, 1996 WL 420308 (S.D.N.Y., July 26, 1996)                                    
            (imperfect claim that has been rejected cannot be perfected by a                           
            later, time-barred claim lacking the defect).                                              
            2.  Single Transaction                                                                     
                  For the doctrine of equitable recoupment to apply, a single                          
            transaction, item, or event must have been taxed twice                                     
            inconsistently.  United States v. Dalm, 494 U.S. at 608                                    
            (construing Bull v. United States, supra, and Stone v. White,                              
            supra).                                                                                    
                  Although the “single transaction” requirement was mentioned                          
            in passing in Bull v. United States, 295 U.S. at 261, it was the                           
            stated ground for decision in Rothensies v. Electric Storage                               
            Battery Co., 329 U.S. at 300.  In that case, the taxpayer in 1935                          
            obtained a refund of excise taxes paid for the years 1922 through                          
            1926 that turned out not to have been due.  Refunds of the type                            




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