- 13 - emphasizing that it is “a narrow exception” and should be applied only when the following rationale prompting its development rings true: “where a reversal would appear inevitable, due to the clearly established position of the Court of Appeals to which an appeal would lie, our obligation as a national court does not require a futile and wasteful insistence on our view.” Lardas v. Commissioner, 99 T.C. 490, 494-495 (1992). Here, appeal would normally lie to the Court of Appeals for the Eleventh Circuit. No reported decision from that court addresses the issue of the Tax Court’s authority to afford relief on the basis of an equitable recoupment defense. However, cases decided by the Court of Appeals for the Fifth Circuit prior to October 1, 1981, are considered binding precedent within the Eleventh Circuit. See Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981). Respondent contends that the 1977 Fifth Circuit case of Continental Equities, Inc. v. Commissioner, supra, is controlling for purposes of the instant matter. Continental Equities, Inc. v. Commissioner, supra at 78-79, involved a section 482 imputation of interest income to Continental Equities, Inc., (Continental) from loans it had made to four related corporations. A correlative interest expense was deemed to have been allocated among the four related corporations, but three of the four failed to file a timely refund claim. See id. at 79. Continental argued that, in orderPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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