Estate of Algerine Allen Smith, Deceased, James Allen Smith, Executor - Page 25

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          in either the taxpayer’s or the Commissioner’s receiving a                  
          benefit that would not have been available had a mistake been               
          corrected before a decision became final.21                                 
               This Court applies equitable principles in deciding the                
          amount of a deficiency, see Woods v. Commissioner, 92 T.C. 776,             
          784 (1989), or the amount of an overpayment.  In Bachner v.                 
          Commissioner, 109 T.C. 125, 131 n.7 (1997), we noted:                       
               In a Tax Court proceeding, either party is free to                     
               raise equity-based defenses to the assertions of the                   
               other party, and the Court, insofar as it has                          
               jurisdiction over the main claim, is free to entertain                 
               those defenses.  Estate of Mueller v. Commissioner, 101                
               T.C. 551, 557 (1993).  Here, we have jurisdiction to                   
               determine the overpayment under sec. 6512(b)(1) and,                   
               therefore, respondent is free to raise the defense                     
               provided in Lewis v. Reynolds, 284 U.S. 281 (1932).                    
               * * *                                                                  
          However, as previously explained, once the decision in this case            
          specifying the amount of the overpayment became final, we lost              





               20(...continued)                                                       
               provisions of the bill, and the committee is convinced                 
               that to allow the reopening of the question of the tax                 
               for the year involved either by the taxpayer or by the                 
               Commissioner (save in the sole case of fraud) would be                 
               highly undesirable.                                                    
          See Estate of Bailly v. Commissioner, 81 T.C. 949, 955 n.10                 
          (1983).                                                                     
               21For a discussion of the hardships that can result from the           
          rules governing finality, see Estate of Bailly v. Commissioner,             
          supra.                                                                      





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