Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 63

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            4.  Identity of Interest                                                                   
                  In Stone v. White, 301 U.S. 532 (1937), the Supreme Court                            
            permitted the Government to recoup its time-barred deficiency                              
            claim against the sole beneficiary of a trust to reduce a timely                           
            refund claim brought by the trustees of the same trust.  Thus,                             
            the Government’s claim against one taxpayer could be raised as a                           
            defense to a claim brought by another taxpayer, so long as the                             
            two taxpayers had an “identity in interest”.  Id. at 537.                                  
                  Later cases have followed Stone v. White, supra, in finding                          
            identity of interest between legally different parties because                             
            their interests did in fact coincide.  Estate of Vitt v. United                            
            States, 706 F.2d 871 (8th Cir. 1983) (husband’s estate and wife’s                          
            estate); Boyle v. United States, 355 F.2d 233 (3d Cir. 1965)                               
            (estate and all the beneficiaries of the estate); United States                            
            v. Bowcut, 287 F.2d 654 (9th Cir. 1961) (decedent and his                                  
            estate); United States v. Herring, 240 F.2d 225 (4th Cir. 1957)                            
            (same); Hufbauer v. United States, 297 F. Supp. 247 (S.D. Cal.                             
            1968) (taxpayer and wholly owned corporation); see also O'Brien                            
            v. United States, 766 F.2d 1038, 1050-1051 (7th Cir. 1985)                                 
            (dicta; one of three principal heirs).  But see Kramer v. United                           
            States, 186 Ct. Cl. 684, 406 F.2d 1363 (1969) (life tenant                                 
            annuitant and decedent's estate); Lockheed Sanders, Inc. v.                                
            United States, 862 F. Supp. 677, 681-682 (D.N.H. 1994) (parent                             
            corporation and subsidiary not qualified as member of affiliated                           
            group).                                                                                    




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