Estate of Frank A. Branson - Page 34




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               The Court of Claims reversed the trial court and held for              
          the taxpayers, stating that it was obliged by Rothensies v.                 
          Electric Storage Battery Co., 329 U.S. 296 (1946), to give the              
          single-transaction requirement a narrow, inflexible                         
          interpretation.  See Wilmington Trust Co. v. United States, 221             
          Ct. Cl. 686, 610 F.2d 703, 713 (1979).  In finding that the                 
          single-transaction requirement was not satisfied, the court                 
          stated:                                                                     
                    The income tax refund is based upon the                           
               deductibility from ordinary income of the timber                       
               operations expense.  The estate tax deficiency,                        
               however, exists because the estate deducted the                        
               additional income taxes reflecting those expenses that                 
               it paid and now is recovering.  The recoupment claim                   
               thus arises from a different transaction (the reduced                  
               deduction from the estate tax) than the refund claims                  
               (the increased deductions from ordinary income).  The                  
               government is not seeking to offset against each other                 
               two taxes levied on the same transaction, but to offset                
               the tax on one transaction against the tax on another.                 
               * * *  [Id. at 714.]                                                   
               Thus, although the precipitating transaction was the                   
          deduction of the business expenses, the Court of Claims did not             
          find this sufficient.18                                                     
               In 1939, the taxpayers (children) in Ford v. United States,            
          149 Ct. Cl. 558, 276 F.2d 17 (1960), received stock in a closely            



               18Academic commentators have almost invariably supported the           
          Herring-Bowcut analysis over the conclusion of the Court of                 
          Claims.  See Andrews, supra at 630-650; Willis, "Some Limits of             
          Equitable Recoupment, Tax Mitigation, and Res Judicata:                     
          Reflections Prompted by Chertkof v. United States", 38 Tax Law.             
          625, 642-645 (1985).                                                        




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