Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 68

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            do not prevent the application of equitable recoupment in this                             
            case.                                                                                      
            6.  Other Equitable Considerations                                                         
                  Respondent raised arguments that application of equitable                            
            recoupment to petitioner was blocked by other considerations:                              
            (1) Lack of clean hands, largely because of considerations having                          
            to do with trial tactics that are essentially irrelevant; and (2)                          
            lack of diligence or laches, because the Administration Trust had                          
            more than 4 months following issuance of the estate tax statutory                          
            notice in which it could have filed a timely protective claim for                          
            an income tax refund.  On brief, however, respondent has                                   
            essentially conceded these issues and admitted that, where the                             
            proper circumstances for the application of equitable recoupment                           
            are present, such equitable considerations won't prevent its                               
            application.  All that remains in respondent’s briefs of the                               
            original arguments about other equitable factors are trace                                 
            references to their factual bases and what appears to be an                                
            argument in the alternative:  “if the Court believes that other                            
            factors should be taken into account,” then respondent suggests                            
            we take into account the Administration Trust’s lack of diligence                          
            and failure to provide some necessary information during                                   
            discovery and at and after trial.                                                          
                  Petitioner argues in detail against respondent’s specific                            
            charges, but only after initially arguing that respondent’s                                
            concession that such equitable considerations shouldn't be taken                           




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