Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 51

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            Court than Bull.  Id. at 236-237.  Respondent attempts to                                  
            distinguish Boyle from our case on the ground that what was at                             
            issue in Boyle was whether the second tax should have been paid                            
            at all on the transaction, not whether it was overpaid.  However,                          
            the Court of Appeals doesn't seem to have relied on that fact,                             
            and I don't see the distinction as dispositive.  Thus, Boyle                               
            supports Herring-Bowcut, and petitioner’s view of the single-                              
            transaction issue in this case.                                                            
                  In O’Brien v. United States, 766 F.2d 1038 (7th Cir. 1985),                          
            revg. 582 F. Supp. 203 (C.D. Ill. 1984), the District Court held                           
            squarely that the single-transaction requirement is satisfied                              
            where the issue is inconsistency in establishing fair market                               
            value of the same property for the purpose of determining the                              
            gross estate and the basis of the property (the situation in the                           
            case at hand), and the Court of Appeals for the Seventh Circuit                            
            appears to have agreed.  Respondent correctly points out that any                          
            statement of the Court of Appeals to that effect was dictum, as                            
            that Court reversed the District Court’s decision to apply                                 
            equitable recoupment, on a ground not relevant to our case (later                          
            confirmed by Dalm), that equitable recoupment requires an                                  
            independent basis for jurisdiction.  O’Brien v. United States,                             
            766 F.2d at 1049.  But the Court of Appeals did say, even if in                            
            dictum, that the single-transaction test of Rothensies v.                                  
            Electric Storage Battery Co., supra, “appears to be satisfied on                           






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