Estate of Frank A. Branson - Page 31




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          United States, supra, because the single-transaction requirement            
          was not satisfied.  The District Court, relying upon United                 
          States v. Herring, supra, dismissed that argument because the               
          same money was involved in both the claim for the income tax                
          deficiency and the claim for estate tax.  See Bowcut v. United              
          States, 175 F. Supp. at 222.                                                
               On affirming the District Court, the Court of Appeals for              
          the Ninth Circuit did not consider the single-transaction issue,            
          as the Government appealed primarily on other grounds, which the            
          court rejected, for denying equitable recoupment.  See United               
          States v. Bowcut, 287 F.2d at 656-657 & n.1 (9th Cir. 1961).                
          Although the Court of Appeals did not consider whether the                  
          single-transaction requirement was satisfied, it did note that              
          "In this case the taxpayer emphasizes that she is seeking to                
          recover the overassessment of estate tax by recoupment from the             
          very fund which, taken from the estate, had brought about the               
          fact of overassessment."  Id. at 656.                                       
               Years after United States v. Herring, supra, and United                
          States v. Bowcut, supra, were decided, the Commissioner accepted            
          the logic of these decisions and agreed in Rev. Rul. 71-56, 1971-           
          1 C.B. 404, to apply equitable recoupment in these                          
          circumstances.16  Despite the statement of administrative                   


               16Rev. Rul. 71-56, 1971-1 C.B. 404, 470, revoked Rev. Rul.             
          55-226, 1955-1 C.B. 469, which ruled, citing Rothensies v.                  
                                                             (continued...)           




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