Estate of Frank A. Branson - Page 6




                                        - 6 -                                         

          otherwise valid claim.  As a result of our valuation of the stock           
          includable in Mueller's estate, see Estate of Mueller v.                    
          Commissioner, T.C. Memo. 1992-284, and the taxpayer's failure to            
          claim a large previously taxed property credit on its Federal               
          estate tax return, it became apparent that there was no                     
          deficiency in estate tax; rather, the taxpayer was entitled to              
          recover an overpayment of estate tax, regardless of equitable               
          recoupment.  Inasmuch as application of equitable recoupment                
          under these circumstances would have increased the amount the               
          taxpayer was entitled to recover as an overpayment, rather than             
          reduce a deficiency, we held that equitable recoupment was not              
          available.  The taxpayer appealed.  The Court of Appeals for the            
          Sixth Circuit affirmed Mueller III, on the ground that this Court           
          lacked jurisdiction to consider the affirmative defense of                  
          equitable recoupment.  See Estate of Mueller v. Commissioner,               
          supra.                                                                      
               The Court of Appeals for the Sixth Circuit interpreted                 
          sections 6214(b) and 6512(b) together to                                    
               explicitly confer on the Tax Court jurisdiction to do                  
               no more than determine the amount of the deficiency                    
               before it.  The Tax Court's jurisdiction cannot extend                 
               beyond its statutory confines to encompass an equitable                
               remedy such as recoupment because the Tax Court "is a                  
               court of limited jurisdiction and lacks general                        
               equitable powers," and because "[t]he Tax Court and its                
               divisions shall have such jurisdiction as is conferred                 
               on on them by [Title 26]." * * * [Estate of Mueller v.                 
               Commissioner, 153 F.3d at 305; citations omitted.]                     






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