- 23 - Estate of Mueller v. Commissioner, 101 T.C. at 557. In Mueller II, and in each of the subsequent cases in which we have applied equitable recoupment, we held that our jurisdiction to redetermine the disputed deficiency provided the basis for the Court to consider affirmative defenses, including equitable recoupment. See Estate of Branson v. Commissioner, supra at 12; Estate of Bartels v. Commissioner, 106 T.C. 430 (1996); Estate of Orenstein v. Commissioner, T.C. Memo. 2000-150. In this light, our authority to consider a claim of equitable recoupment is merely ancillary to our jurisdiction to redetermine a tax deficiency and does not unduly expand upon that jurisdiction. In sum, we conclude there is no requirement in section 6214(b) that, in applying the doctrine of equitable recoupment, we have original or subject matter jurisdiction over the tax that the Commissioner or the taxpayer seeks to apply as an offset against a claimed deficiency or refund. We hold that, if our jurisdiction is properly invoked upon the filing of a petition for redetermination of a deficiency, we may apply the doctrine in respect of any tax imposed under the Internal Revenue Code so long as the elements necessary to support a claim of equitable recoupment are established. B. Application of the Equitable Recoupment Doctrine to the Facts of This Case Respondent does not dispute that the elements of equitable recoupment are present in these cases. See supra p. 15.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008