Legal Opinion

Crop Assocs.-1986 v. Commissioner

United States Tax Court

Decided September 14, 1999No. 12532-90Published

The tax matters partner, intervenor, has moved to file amendment to petition, which would add to the petition the affirmative defense of equitable recoupment. R objects on various grounds. We agree with R that equitable recoupment is not a partnership item and that granting the motion would suprise and substantially disadvantage R. The motion will be denied.

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The tax matters partner, intervenor, has moved to file amendment to petition, which would add to the petition the affirmative defense of equitable recoupment. R objects on various grounds. We agree with R that equitable recoupment is not a partnership item and that granting the motion would suprise and substantially disadvantage R. The motion will be denied. HELD: Equitable recoupment is not a partnership item; HELD, FURTHER, R would be surprised and substantially disadvantaged were we to grant the motion.

1Opinion of the Court

CROP ASSOCIATES -- 1986, W. KEITH OEHLSCHLAGER, A PARTNER OTHER THAN THE TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Crop Assocs.-1986 v. Commissioner

No. 12532-90

United States Tax Court

113 T.C. 198; 1999 U.S. Tax Ct. LEXIS 41; 113 T.C. No. 15;

September 14, 1999, Filed

An appropriate order will be issued.

The tax matters partner, intervenor, has moved to file

amendment to petition, which would add to the petition the

affirmative defense of equitable recoupment. R objects on

various grounds. We agree with R that equitable recoupment is

not a partnership item and…

2Cases cited10 opinions

  1. Bull v. United StatesSupreme Court of the United States · 1935
  2. Rothensies v. Electric Storage Battery Co.Supreme Court of the United States · 1946
  3. Estate of Horvath v. CommissionerUnited States Tax Court · 1973
  4. Amesbury Apartments, Ltd. v. CommissionerUnited States Tax Court · 1990
  5. Estate of Mueller v. Comm'rUnited States Tax Court · 1993

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