Estate of Harry Orenstein - Page 10




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               Concerning the nature of this Court, we have focused on the            
          difference between the highly circumscribed authority of an                 
          executive agency such as the Board of Tax Appeals and the broader           
          judicial power exercised by an Article I court.  See Estate of              
          Branson v. Commissioner, supra at 10-12.  We have further                   
          concluded therefrom that Commissioner v. Gooch Milling & Elevator           
          Co., supra, and its progeny are not controlling on the issue of             
          equitable recoupment.  See Estate of Branson v. Commissioner,               
          supra, at 11-12.                                                            
               With respect to the Court’s role in resolving tax                      
          controversies, we have placed particular emphasis on the                    
          distinction between expanding our jurisdiction through equitable            
          powers and applying equitable principles in disposition of cases            
          that come within our jurisdiction.  See Estate of Branson v.                
          Commissioner, supra at 12; Estate of Bartels v. Commissioner,               
          supra at 435; Estate of Mueller v. Commissioner, supra at 556-              
          557.  Only the former is prohibited and only the latter is                  
          involved when the affirmative defense of equitable recoupment is            
          considered in resolving a deficiency proceeding properly before             
          us.  See Estate of Branson v. Commissioner, supra at 12-13;                 
          Estate of Bartels v. Commissioner, supra at 435-436; Estate of              
          Mueller v. Commissioner, supra at 557.  Moreover, in considering            
          our role in relation to that of the U.S. District Courts, we have           
          noted the following:                                                        






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