Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 44

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            transaction requirement had not been satisfied.  Rothensies v.                             
            Electric Storage Battery Co., 329 U.S. 296, 299 (1946).                                    
                  What must be emphasized is that actually there was no                                
            logical connection--much less a causal relationship--between the                           
            time-barred excise tax refunds for 1919-21 and the inclusion in                            
            taxable income for 1935 of the excise taxes paid for 1922-26.                              
            Considering each year as a separate cause of action, cf.                                   
            Commissioner v. Sunnen, 333 U.S. 591, 598 (1948), there was no                             
            transactional nexus whatsoever between the time-barred excise                              
            taxes paid in 1919-21 and the excise taxes paid in 1922-26 that                            
            the taxpayer recovered and was required to include in income in                            
            1935.  All the time-barred and the recovered excise taxes had in                           
            common was the coincidence of the same general subject matter.                             
                  Since Rothensies v. Electric Storage Battery Co., supra,                             
            the Supreme Court has not revisited the single-transaction                                 
            requirement of equitable recoupment except in dicta in United                              
            States v. Dalm, supra at 605 n.5, where it did say that in                                 
            Rothensies v. Electric Storage Battery Co. it had emphasized that                          
            the condition that must be satisfied is that "the Government has                           
            taxed a single transaction, item, or taxable event”.  The                                  
            inclusion of “item” in this phrase is significant for our case.                            
            Although the income and estate taxes in this case were arguably                            
            imposed on different taxable events (the estate tax was imposed                            
            on the transfer of the shares on decedent’s death, whereas the                             
            income tax was imposed upon the gain from the sale of the shares                           




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