William L. and Mary Lee Powell - Page 8

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          deficiencies assessed for the tax years 1982 and 1983 should be             
          offset by the alleged overpayment in 1984.  We do not agree.                
               Equitable recoupment may apply in limited circumstances to             
          overcome the bar of the statute of limitations "to prevent                  
          inequitable windfalls to either taxpayers or the Government that            
          would otherwise result from inconsistent tax treatment of a                 
          single transaction, item, or event affecting the same taxpayer".            
          Estate of Mueller v. Commissioner, 101 T.C. 551, 552 (1993).  In            
          United States v. Dalm, 494 U.S. 596, 608 (1990), the Supreme                
          Court stated:                                                               
               our decisions in Bull and Stone stand only for the                     
               proposition that a party litigating a tax claim in a timely            
               proceeding may, in the proceeding, seek recoupment of a                
               related, and inconsistent, but now time-barred tax claim               
               relating to the same transaction.  In both cases, there was            
               no question but that the courts in which the refund actions            
               were brought had jurisdiction.  To date, we have not allowed           
               equitable recoupment to be the sole basis for jurisdiction.            
          As petitioners have conceded, we do not have jurisdiction over              
          the computational assessments in this proceeding.  Accordingly,             
          the doctrine of equitable recoupment does not apply.                        
               In the alternative, petitioners argue that the mitigation              
          provisions, sections 1311 through 1314, apply in these                      
          circumstances.  Petitioners contend that the settlement agreement           
          reached with respect to the 1982 and 1983 taxable years of                  
          Barrister Series 112 is a determination within the meaning of the           
          mitigation provisions.  Petitioners further argue that the                  
          disallowance of the investment credits claimed in 1982 and 1983             





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