Menard, Inc. - Page 21




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          suggests, Congress intended to limit the scope of the Court’s               
          equitable recoupment authority to taxes that normally fall within           
          the Court’s deficiency and/or overpayment jurisdiction, we are              
          convinced that Congress would have drafted section 6214(b) to say           
          so in clear and unambiguous terms.                                          
              Nor does the legislative history underlying the amendment to           
          section 6214(b) provide any support for respondent’s position.              
          To the contrary, S. Rept. 109-336, supra at 97, indicates that              
          Congress viewed the amendment to section 6214(b) as a means to              
          provide clarity and simplification for taxpayers and the                    
          Commissioner alike.  The literal interpretation of section                  
          6214(b) that petitioners advocate, under which the Court is                 
          authorized to apply the doctrine of equitable recoupment in                 
          respect of all internal revenue taxes, offers clarity and a                 
          meaningful measure of simplification in that both parties can be            
          confident that the Court may provide a complete remedy for a                
          given taxable year.  In contrast, respondent’s narrow                       
          construction of the provision would add uncertainty to litigation           
          and create a category of cases in which equitable recoupment                
          would not be available in the Tax Court.                                    
               Respondent’s narrow construction of section 6214(b) is also            
          inconsistent with the central policy underlying the doctrine of             
          equitable recoupment; i.e., to prevent an inequitable windfall to           
          a taxpayer or the Government that would otherwise result from the           







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