Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 59

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            Storage Battery Co. there is no causal connection between the                              
            main claim and the barred claim sought to be recouped (actually                            
            set-off).  In the latter two sets of situations, there is a                                
            causal connection.  In Herring-Bowcut-Bartels, the determination                           
            and payment of an income tax deficiency gave rise to a time-                               
            barred estate tax overpayment, which was allowed to be recouped                            
            against that deficiency; in Wilmington Trust, the Court of                                 
            Claims, improperly, I believe, refused to allow the Government to                          
            recoup time-barred estate tax deficiencies against the taxpayer                            
            estates' recoveries of income tax refunds that generated those                             
            deficiencies.  Similarly, in our case, as in Ford and O'Brien,                             
            the increase in the value of the shares for estate tax purposes                            
            generated an estate tax deficiency and a correlative time-barred                           
            income tax overpayment with respect to the same shares.  In our                            
            case the causal connection is clear; in Rothensies v. Electric                             
            Storage Battery Co. there is no such connection.21                                         
                  Moreover, in another significant respect, the situation in                           
            the case at hand is further removed from the Rothensies v.                                 
            Electric Storage Battery Co. situation than Herring and Bowcut:                            
            Here, all the events happened within the same calendar year,                               


                  21The excursus in the text further sharpens the point of my                          
            observation in Fort Howard Corp. v. Commissioner, 103 T.C. 345,                            
            377 n.2 (1994) (Beghe, J., dissenting), that for tax purposes the                          
            connections that are important are not so much the logical                                 
            connections arrived at by reference to the laws of thought and                             
            correct syllogistic reasoning as the "logic of events" that has                            
            to do with cause and effect relationships and necessary                                    
            connections or outcomes.                                                                   



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