Estate of Schneider v. Commissioner
United States Tax Court
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
OPINION
CHABOT, Judge:
This matter is before us on respondent’s motion for liquidation and distribution of collateral for satisfaction of liability secured by appeal bond.
The instant case deals with respondent’s determination of deficiencies in Federal individual income taxes for 1975 and 1976 against Al J. Schneider and Agnes Schneider. After the trial of this case, Al J. Schneider (hereinafter sometimes referred to as decedent) died and his estate was substituted as petitioner.
In our opinion in Estate of Schneider v. Commissioner, 88 T.C. 906 (1987), we held for respondent on the controverted…
2Cases cited8 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
- Commissioner v. McCoySupreme Court of the United States · 1987
- Estate of Schneider v. CommissionerUnited States Tax Court · 1987
- 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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- Estate of Orenstein v. CommissionerUnited States Tax Court · 2000
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