- 52 - these facts if we adopt the reasoning of the Third Circuit in Boyle.” Id. at 1050 n.16. After the O’Brien decedent had died, his estate paid estate tax on stock in his estate at one value. Then, after the estate sold the stock, it paid income tax using that same value as its basis. The Commissioner then determined a higher value for estate tax purposes, and a stipulated decision was entered in this Court resolving the estate tax dispute using a higher value. One of decedent’s heirs and children then sued for a refund of overpaid income tax, on which the period of limitations had expired, arguing that the basis used for the stock should have been higher and using equitable recoupment as the ground for the suit. The District Court agreed, finding that the single- transaction requirement of Rothensies v. Electric Storage Battery Co. had been satisfied.15 O’Brien v. United States, 582 F. Supp. at 205-206. Like the Court of Appeals in Boyle, the District Court in O’Brien relied on Bull, finding it closer to its case than Rothensies v. Electric Storage Battery Co. The District Court distinguished Rothensies v. Electric Storage Battery Co. on the ground that in that case the Government had not taken inconsistent positions, the dispute having been precipitated by 15The taxpayer also argued for the refund under the statutory mitigation provisions, secs. 1311-1314, and the District Court also bought this argument, O’Brien v. United States, 582 F. Supp. 203, 206-207 (C.D. Ill. 1984), under Chertkof v. United States, 676 F.2d 984 (4th Cir. 1982). The Court of Appeals also reversed this conclusion.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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