Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 57

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            based on the deduction of worthless business debts are allowed                             
            for 7 years, under section 6511(d)(1), and because the issues                              
            posed by the two claims would require substantially different                              
            proof, to allow recoupment in this situation would seriously                               
            undermine the statute of limitations.  Estate of Mann v. United                            
            States, 552 F. Supp. at 1141.  However, the District Court also                            
            clearly expressed its preference for the reasoning of the Court                            
            of Claims over Herring and Bowcut, Estate of Mann v. United                                
            States, 552 F. Supp. at 1137-1140, and the Court of Appeals for                            
            the Fifth Circuit affirmed, on the basis of Rothensies v.                                  
            Electric Storage Battery Co., Estate of Mann v. United States,                             
            731 F.2d at 279.  Estate of Mann clearly lines up with the Court                           
            of Claims on the single-transaction issue, but it can be                                   
            distinguished from our case.  On balance, I regard the later                               
            cases as neither strengthening nor weakening my conclusion that                            
            Herring and Bowcut represent the preferable view of the law.20                             
                  Respondent tries to distinguish the case at hand from                                
            Herring, Bowcut, and Rev. Rul. 71-56, on the ground that in                                


                  20Our recent decision in Estate of Bartels v. Commissioner,                          
            106 T.C. 430 (1996), furnishes additional implicit support for                             
            United States v. Herring, 240 F.2d 225 (4th Cir. 1957), and                                
            United States v. Bowcut, 287 F.2d 654 (9th Cir. 1961), as opposed                          
            to the contrary cases.  In that case, which presented the                                  
            Herring-Bowcut situation, respondent, consistently with the view                           
            announced in Rev. Rul. 71-56, 1971-1 C.B. 404, didn't even raise                           
            the single-transaction requirement as an objection to our                                  
            allowance of the taxpayer's equitable recoupment claim.  Estate                            
            of Bartels v. Commissioner, at 433 n.4.  We therefore found the                            
            single-transaction requirement not to be an obstacle to                                    
            permitting equitable recoupment.                                                           



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