- 15 - Court authority, and the decision by the Court of Appeals for the Eleventh Circuit in Bokum v. Commissioner, 992 F.2d 1136 (11th Cir. 1993), affg. T.C. Memo. 1990-21. With respect to lack of similarity, the facts in Continental Equities, Inc. v. Commissioner, supra, would not appear to present a scenario for potential application of equitable recoupment in the sense in which the doctrine has been defined and used in our recent opinions. The failure or inability of the four related corporations to claim correlative deductions for interest as a result of a section 482 adjustment to the income of the taxpayer, as in Continental Equities, Inc. v. Commissioner, supra, is of a different genre than the type of inconsistent treatment presented in cases such as Estate of Branson v. Commissioner, 113 T.C. 6 (1999), Estate of Bartels v. Commissioner, 106 T.C. 430 (1996), and Estate of Mueller v. Commissioner, 101 T.C. 551 (1993). As regards the ensuing time and developments, more than 2 decades have passed since the 1977 decision in Continental Equities, Inc. v. Commissioner, 551 F.2d 74 (5th Cir. 1977). In that interval, the concept of Tax Court jurisdiction has been substantially refined. Concerning equitable recoupment in particular, the opinion by the Supreme Court in United States v. Dalm, 494 U.S. 596 (1990), which served as a catalyst for our own reevaluation of our position, was issued only in 1990.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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