Legal Opinion

Estate of Schneider v. Commissioner

United States Tax Court

Decided November 6, 1989No. Docket No. 6234-79Published

Our decision for respondent on the controverted issues in an income tax case (88 T.C. 906 (1987)) was affirmed on appeal (855 F.2d 435 (7th Cir. 1988)). Respondent asks us to liquidate the appeal bond ( sec. 7485, I.R.C. 1986) and pay the proceeds to him. Petitioners claim an offset on account of the petitioner estate's apparent overpayment of estate tax, under the doctrine of equitable recoupment.

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Our decision for respondent on the controverted issues in an income tax case (88 T.C. 906 (1987)) was affirmed on appeal (855 F.2d 435 (7th Cir. 1988)). Respondent asks us to liquidate the appeal bond ( sec. 7485, I.R.C. 1986) and pay the proceeds to him. Petitioners claim an offset on account of the petitioner estate's apparent overpayment of estate tax, under the doctrine of equitable recoupment. Held: 1. We do not have jurisdiction to decide petitioners' claim of equitable recoupment. 2. Petitioners' claim of equitable recoupment does not reduce the amount of their liability that is…

1Opinion of the Court

Estate of Al J. Schneider, Donald J. Schneider, et al., Personal Representatives, and Agnes Schneider, Petitioners v. Commissioner of Internal Revenue, Respondent

Estate of Schneider v. Commissioner

Docket No. 6234-79

United States Tax Court

93 T.C. 568; 1989 U.S. Tax Ct. LEXIS 142; 93 T.C. No. 47;

November 6, 1989November 6, 1989, Filed

Our decision for respondent on the controverted issues in an income tax case (88 T.C. 906 (1987)) was affirmed on appeal (855 F.2d 435 (7th Cir. 1988)). Respondent asks us to liquidate the appeal bond ( sec. 7485, I.R.C. 1986) and pay the proceeds to him.…

2Cases cited9 opinions

  1. Bull v. United StatesSupreme Court of the United States · 1935
  2. Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
  3. Commissioner v. McCoySupreme Court of the United States · 1987
  4. Estate of Schneider v. CommissionerUnited States Tax Court · 1987
  5. Estate of Al J. Schneider, Donald J. Schneider, Personal Representatives, and Agnes Schneider v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1988

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