Estate of Frank A. Branson - Page 1
















                                   113 T.C. No. 2                                     


                               UNITED STATES TAX COURT                                


                       ESTATE OF FRANK A. BRANSON, DECEASED,                          
                       MARY M. MARCH, EXECUTOR, Petitioner v.                         
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 10028-95.                 Filed July 13, 1999.              


                    P reported the date-of-death fair market values of                
               the stock of S and W as $181.50 and $485, respectively,                
               per share.  P sold some of the S stock for $335 per                    
               share and all the W stock for $850 per share.  The gain                
               realized on the sales by P was distributed to the                      
               residuary legatee, M, who reported the gain on her                     
               Federal income tax return and paid the income tax due.                 
               R determined a deficiency in P's estate tax liability.                 
               R's determination was based on his assertion that at                   
               the date of death the fair market values of the S and W                
               shares were $300 and $850, respectively, per share.  In                
               Estate of Branson v. Commissioner, T.C. Memo. 1999-231,                
               we found that the date-of-death fair market values of                  
               the S and W shares were $276 and $626, respectively.  P                
               asserts that it is entitled to equitable recoupment of                 
               the income tax overpaid by M, the refund of which is                   
               barred by the statute of limitations.                                  
                    Held, under the doctrine of equitable recoupment, P is            
               entitled to a credit for the income tax overpaid by M on the           





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