- 8 - proper basis for recoupment. See Estate of Bartels v. Commissioner, supra. Hence, we need address only the parties’ contentions regarding our authority to grant such relief. B. The Tax Court Position The issue of whether this Court possesses authority to recognize an equitable recoupment defense has a long history. Prior to our decision in Estate of Mueller v. Commissioner, supra, we adhered to the view that we lack jurisdiction to apply equitable recoupment. See Estate of Schneider v. Commissioner, 93 T.C. 568, 570 (1989); Phillips Petroleum Co. v. Commissioner, 92 T.C. 885, 889-890 (1989); Estate of Van Winkle v. Commissioner, 51 T.C. 994, 999-1000 (1969). This position was based in large part on Commissioner v. Gooch Milling & Elevator Co., 320 U.S. 418, 420-422 (1943), in which the U.S. Supreme Court held that the limited jurisdiction of the Board of Tax Appeals, an administrative agency and the predecessor of the Tax Court, did not extend to claims of equitable recoupment. In 1990, however, the Supreme Court noted in United States v. Dalm, 494 U.S. 596, 611 n.8 (1990): “We have no occasion to pass upon the question whether Dalm could have raised a recoupment claim in the Tax Court.” We concluded from this statement that the Supreme Court left open whether the Tax Court, as presently constituted in the form of a court of law under Article I of the Constitution, see Freytag v. Commissioner, 501Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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