Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 87

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                  If we were to allow an increase in the overpayment in our                            
            case, we would not breach the bar of the statute of limitations                            
            in the way the District Court would be doing if it allowed the                             
            Government to recover the balance of the deficiency in my                                  
            hypothetical.  The Government is already indebted to the taxpayer                          
            in our case for the amount of the unclaimed previously taxed                               
            property credit of more than $1 million ($1,152,649), and,                                 
            because the Government has conceded that amount in the statutory                           
            notice, there's no statutory bar on the taxpayer's recovering it                           
            as an overpayment in this case.                                                            
                  If this Court had upheld in full the estate's reporting                              
            position on the value of the shares at $1,505 per share, we would                          
            have jurisdiction to determine an overpayment in the full amount                           
            of $1,152,649, and to enter a decision in favor of the taxpayer                            
            in that amount.  There is and would be no statute of limitations                           
            bar to our determining an overpayment in that full amount.  All                            
            I'm proposing that we do now is reduce the smaller deficiency                              
            that arises from valuing the shares at $1,700 per share by the                             
            amount of the recoupment in order to compute the amount of the                             
            reduction of the overpayment that the taxpayer is already                                  
            otherwise entitled to, and that's already in the picture as part                           
            of this case.  To do so would not impair the sovereign immunity                            
            bar of the statute of limitations.                                                         








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