Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 60

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            within 67 days of each other.22  In addition, the dicta of the                             
            Court of Appeals in O’Brien (and the decision of the District                              
            Court in that case) find the single-transaction requirement                                
            satisfied in a situation that is still closer to the case at hand                          
            than the Herring-Bowcut situation.                                                         
                  Finally, in Mueller II, we decided, having been prompted to                          
            do so by United States v. Dalm, supra, that we are authorized to                           
            apply equitable recoupment.  Dalm wrought a change in the legal                            
            landscape that not only led us to change our own view of our                               
            authority, but did so in a way that undercuts the broad rationale                          
            of the narrow interpretation of the single-transaction                                     
            requirement urged in Rothensies v. Electric Storage Battery Co.,                           
            supra.  In deciding that case, the Supreme Court stated                                    
            emphatically that an important reason for keeping equitable                                
            recoupment narrowly confined was its fear that otherwise too many                          
            tax cases would be diverted from the Tax Court to the District                             
            Courts.  In Rothensies v. Electric Storage Battery Co., supra,                             
            the Supreme Court also expressed concern that allowing, through                            
            broadly interpreted equitable recoupment, wholesale reexamination                          
            of other years would undermine the whole single-year income tax                            
            system.  In view of the limitations imposed by my view of the                              
            requirements for equitable recoupment, including the single-                               
            transaction requirement, the Supreme Court’s expression of                                 

                  22Cf. Willis, Some Limits of Equitable Recoupment, Tax                               
            Mitigation, and Res Judicata:  Reflections Prompted by Chertkof                            
            v. United States, 38 Tax Law. at 640-641.                                                  



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