- 68 - 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 takenPage: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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