Estate of Harry Orenstein - Page 9




                                        - 9 -                                         
          U.S. 868, 887 (1991), has authority to hear such a claim.  We               
          then proceeded to reexamine the issue in Estate of Mueller v.               
          Commissioner, 101 T.C. 551 (1993), and subsequently in Estate of            
          Bartels v. Commissioner, 106 T.C. 430 (1996), and Estate of                 
          Branson v. Commissioner, 113 T.C. 6 (1999).  In each of these               
          cases, we held that this Court has authority to apply equitable             
          recoupment.  See Estate of Branson v. Commissioner, supra at 7,             
          14; Estate of Bartels v. Commissioner, supra at 434-436; Estate             
          of Mueller v. Commissioner, supra at 556, 561.                              
               Our position in this recent line of cases rests upon                   
          considerations of, among other things, statutory language, the              
          nature of this Court, and our role in resolving tax                         
          controversies.  As regards statutory language, we have                      
          interpreted section 6214(b), which states that the Court “shall             
          have no jurisdiction to determine whether or not the tax for any            
          other year or calendar quarter has been overpaid or underpaid”,             
          to mean, at most, that we may be precluded from determining the             
          income tax or gift tax for any prior period.  See Estate of                 
          Branson v. Commissioner, supra at 12; Estate of Bartels v.                  
          Commissioner, supra at 434.  Hence, contrary to respondent’s                
          averments, the section does not operate to prevent an offset for            
          overpayment of estate tax.  See Estate of Bartels v.                        
          Commissioner, supra at 434-435.                                             








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011