Legal Opinion

Estate of Mueller v. Commissioner

United States Tax Court

Decided November 5, 1996No. Docket No. 2733-90Published

R determined a deficiency in P's estate tax liability. P claims that it is entitled to equitable recoupment of previously paid income tax, the refund of which is barred by the statute of limitations. In Estate of Mueller v. Commissioner, 101 T.C. 551 (1993), we held that we have jurisdiction to consider claims of equitable recoupment. As a result of our valuation of stock includable in the estate, see Estate of Mueller v. Commissioner, T.C.

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R determined a deficiency in P's estate tax liability. P claims that it is entitled to equitable recoupment of previously paid income tax, the refund of which is barred by the statute of limitations. In Estate of Mueller v. Commissioner, 101 T.C. 551 (1993), we held that we have jurisdiction to consider claims of equitable recoupment. As a result of our valuation of stock includable in the estate, see Estate of Mueller v. Commissioner, T.C. Memo. 1992-284, it is now apparent that there is no deficiency in estate tax; rather, P is entitled to recover an overpayment of estate tax, regardless of…

1Opinion of the Court

ESTATE OF BESSIE I. MUELLER, DECEASED, JOHN S. MUELLER, PERSONAL REPRESENTATIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Estate of Mueller v. Commissioner

Docket No. 2733-90.

United States Tax Court

107 T.C. 189; 1996 U.S. Tax Ct. LEXIS 44; 107 T.C. No. 13;

November 5, 1996, Filed

R determined a deficiency in P's estate tax liability. P claims that it is entitled to equitable recoupment of previously paid income tax, the refund of which is barred by the statute of limitations. In Estate of Mueller v. Commissioner, 101 T.C. 551 (1993), we held that we have jurisdiction to consider…

Also in this document: Concurrence; Dissent · Wells; Dissent · Beghe.

2Cases cited107 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Commissioner v. SunnenSupreme Court of the United States · 1948
  5. United States v. Western Pacific RailroadSupreme Court of the United States · 1956

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