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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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