Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 97

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            argument, 507 U.S. at 265.  It also used several recoupment cases                          
            outside both bankruptcy and tax to support the proposition that                            
            there is a "general principle of recoupment", which has force in                           
            the absence of explicit Congressional prohibition, id.; cf.                                
            United States v. Dewey Freight Sys., Inc., 31 F.3d 620, 623 (8th                           
            Cir. 1994).  Standard jurisdictional principles typically operate                          
            in the same fashion in tax as in all other areas of the law.                               
            United States v. Forma, 42 F.3d at 766 (citing United States v.                            
            Dalm, 494 U.S. at 608-611).                                                                
                  So long as the recoupment claim is only allowed to offset                            
            the Government’s claim from the transaction in issue, and not to                           
            exceed any amount determined to be owing to the Government that                            
            also arises from that transaction, all sensible requirements are                           
            met.  The statement of the Court of Appeals for the Second                                 
            Circuit in a tax case that, despite sovereign immunity, a                                  
            defendant may, without statutory authority, recoup on a                                    
            counterclaim an amount equal to the principal claim, United                                
            States v. Forma, 42 F.3d at 764 (citing United States v. United                            
            States Fidelity & Guaranty Co., 309 U.S. 506, 511 (1940)),                                 
            supports my view.41                                                                        

                  41United States v. Forma, 42 F.3d 759, 767-768 & n. 11 (2d                           
            Cir. 1994), did not involve equitable recoupment, although that                            
            doctrine is discussed briefly.  Rather, it involved an unrelated                           
            time-barred counterclaim by taxpayers in a suit where the United                           
            States originally sought to reduce tax assessments relating to                             
                                                                         (continued...)                





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