Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 96

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            recoupment there didn't eliminate all opportunity for the                                  
            defendant to obtain complete justice with respect to the                                   
            transaction in issue, whereas barring recoupment in our case                               
            would amount to denying complete justice.  To allow an                                     
            affirmative recovery arising from the same transaction to bar or                           
            limit recoupment (as the District Court in United States v.                                
            Timber Access Indus. Co., supra, refused to do) does less                                  
            violence to the idea of doing complete justice with respect to                             
            the one transaction than would allowing an unrelated affirmative                           
            recovery (like that in our case with respect to the previously                             
            taxed property credit) to have such a limiting effect.  Thus,                              
            there was more reason in United States v. Timber Access Indus.                             
            Co., supra, than there is in our case to limit recoupment by the                           
            amount of the affirmative recovery, and nevertheless the District                          
            Court didn't do so.  United States v. Timber Access Indus. Co.,                            
            supra, which is cited and discussed at some length in 6 Wright et                          
            al., Federal Practice & Procedure, sec. 1427, at 197-198 n.8 (2d                           
            ed. 1990), illustrates the point that another affirmative                                  
            recovery with its own independent jurisdictional basis, even when                          
            it arises from the same transaction from which a recoupment                                
            defense or counterclaim arises, does not bar or limit recoupment.                          
                  It is appropriate to use these non-tax cases, and most                               
            especially Reiter v. Cooper, in the tax area.  Reiter v. Cooper                            
            not only cited Bull v. United States at a crucial point in its                             






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