Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 45

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            67 days thereafter), they were imposed on the same item (the same                          
            shares of stock), in the sense that the date-of-death value of                             
            the shares was a necessary element in determining the amount of                            
            the liability for both taxes.  Whether they were imposed on the                            
            same “transaction” can be debated, and is addressed below.                                 
                  In the absence of any decision by the Supreme Court on the                           
            subject since Rothensies v. Electric Storage Battery Co., supra,                           
            the interpretation and application of the single-transaction                               
            requirement has largely been left to the lower courts, resulting                           
            in two lines of conflicting authority.                                                     
                  The two cases on which petitioner largely relies are United                          
            States v. Bowcut, 287 F.2d 654 (9th Cir. 1961) and United States                           
            v. Herring, 240 F.2d 225 (4th Cir. 1957).  Both these cases, like                          
            the case at hand, concerned the estate tax and the income tax,                             
            and the two taxes had not been imposed on the same taxable event.                          
            Nevertheless, in both cases the single-transaction requirement of                          
            equitable recoupment was held to be satisfied, and equitable                               
            recoupment was applied in the taxpayers’ favor.  In each case,                             
            after a death, estate tax was paid and thereafter the Government                           
            sought additional income tax from the estate for income not                                
            reported during the decedent's lifetime.  After paying the income                          
            tax, the estate sued for refund of income tax on the ground that                           
            it was entitled to equitable recoupment of the overpayment of                              
            then time-barred estate tax resulting from the estate's failure                            
            to claim the increased income tax liability as a debt in                                   




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