Estate of Frank A. Branson - Page 2




                                        - 2 -                                         

               gain recognized on the sales of the shares due to the lower            
               values reported on the estate tax return.  Estate of Bartels           
               v. Commissioner, 106 T.C. 430 (1996); Estate of Mueller v.             
               Commissioner, 101 T.C. 551 (1993), followed.                           


               Robert A. Mills, Marco L. Quazzo, and Mary Catherine Wirth,            
          for petitioner.                                                             
               Rebecca T. Hill, Bryce A. Kranzthor, and Elizabeth                     
          Groenewegen, for respondent.                                                

                                       OPINION                                        

               PARR, Judge:  In Estate of Branson v. Commissioner, T.C.               
          Memo. 1999-231 (Branson I), we redetermined the increased value             
          of the shares of Savings Bank of Mendocino County (Savings) and             
          Bank of Willits (Willits) included in decedent's gross estate.              
          We now consider whether this Court has authority to apply                   
          equitable recoupment in light of the opinion of the Court of                
          Appeals for the Sixth Circuit in Estate of Mueller v.                       
          Commissioner, 153 F.3d 302 (6th Cir. 1998), affg. on other                  
          grounds 107 T.C. 189 (1996), and if so, whether petitioner is               
          entitled under that doctrine to credit for the taxes paid by the            
          residuary legatee on the excessive gain recognized from the sales           
          of the shares due to the lower values provided by the estate tax            
          return.  Following our opinions in Estate of Bartels v.                     
          Commissioner, 106 T.C. 430 (1996), and Estate of Mueller v.                 
          Commissioner, 101 T.C. 551 (1993), we hold that this Court has              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011