- 14 - to sustain the imputation of interest income, the Tax Court should have either ordered the payment of refunds to the related corporations or allowed Continental to offset their overpayments under the doctrine of equitable recoupment. See id. Faced with these facts, the Court of Appeals disposed of Continental’s recoupment claim with the following statement: “the conclusion that the 1969 Tax Reform Act [establishing the Tax Court as an Article I court] did not grant the Tax Court equitable jurisdiction is inescapable. The courts that have addressed the issue are in agreement without [sic] conclusion that the Tax Court still does not possess jurisdiction over equitable claims.” Id. at 84. We, however, find Continental Equities, Inc. v. Commissioner, supra, an insufficient basis upon which to predicate an application of the Golsen rule. Despite the broad language employed by the Court of Appeals for the Fifth Circuit, three additional considerations render us unable to make the requisite conclusion that reversal by the Court of Appeals for the Eleventh Circuit would be inevitable if we were to sanction equitable recoupment relief in the case at bar. These considerations include the lack of factual similarity, the lengthy interim of time and ensuing developments regarding TaxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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