Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 48

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                  In applying the single-transaction test so restrictively,                            
            the Court of Claims relied on its earlier opinion in Ford v.                               
            United States, 149 Ct. Cl. 558, 276 F.2d 17 (1960), whose facts                            
            were closer to our case.  Taxpayers had received shares of stock                           
            in 1939 from their father’s estate, which had reported the shares                          
            at an estate tax value of approximately $11,900.  On audit of the                          
            estate tax return, there had been an upward adjustment to                                  
            $23,715, which the estate accepted.  In 1947, taxpayers sold the                           
            shares, reported a date-of-death income tax basis of $165,800,                             
            and claimed refund of an overpayment on this ground.  The Court                            
            of Claims determined the date-of-death value to be $165,000.                               
            Neither taxpayers nor the Government adverted to whether the                               
            Government might be entitled to recoupment of the time-barred                              
            underpaid estate tax against the income tax refund.  The Court of                          
            Claims on its own initiative considered the issue, and, by a 3-2                           
            vote, held that the Government was not entitled to recoupment                              
            because the facts were not identical to those in Bull v. United                            
            States, supra, and Stone v. White, supra.  The Court of Claims                             
            said that Rothensies v. Electric Storage Battery Co., 329 U.S.                             
            296 (1946), held that the doctrine of equitable recoupment was                             
            not flexible, but strictly limited, and limited for the good                               
            reason that if the doctrine were broadened there would never come                          
            a day of final settlement in the income tax system.  Ford v.                               
            United States, 276 F.2d at 23.  The Court of Claims did not cite                           
            United States v. Herring and United States v. Bowcut, and Rev.                             




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