Estate of Harry Orenstein - Page 3




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               Petitioners in these consolidated cases are the estates of             
          Harry Orenstein (Mr. Orenstein) and Lora Orenstein (Mrs.                    
          Orenstein).  Susan Carrano and Arthur Orenstein are the personal            
          representatives of both estates.  After concessions, the issue              
          for decision is whether petitioners, under the doctrine of                  
          equitable recoupment, are entitled to offset against their                  
          Federal income tax liabilities an overpayment of estate tax, the            
          claim for which is barred by the statute of limitations.                    
          Subsumed in this inquiry and determinative thereof is the                   
          question of whether the Tax Court has authority to grant                    
          equitable recoupment relief.                                                
               This case was submitted fully stipulated pursuant to Rule              
          122, and the facts are so found.  The stipulations of the                   
          parties, with accompanying exhibits, are incorporated herein by             
          this reference.                                                             
                                     Background                                       
               Mr. and Mrs. Orenstein filed joint Federal income tax                  
          returns for 1981 and 1982.  Mrs. Orenstein died on December 28,             
          1983, and Mr. Orenstein became executor of her estate.                      
          Respondent thereafter issued notices of deficiency for the 1981             
          and 1982 tax years, to which Mr. Orenstein responded by filing              
          petitions for redetermination with this Court.  He at the time of           
          filing resided in Hollywood, Florida.                                       








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