Estate of Mueller v. Commissioner
United States Tax Court
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
OPINION
Ruwe, Judge:*
Respondent determined a deficiency of $1,985,624 in petitioner’s Federal estate tax. Respondent’s deficiency determination was primarily based on her assertion that the date-of-death value of shares of stock in the Mueller Co. was $2,150 per share, as opposed to $1,505 per share as reported on the estate tax return. The amount of the deficiency determined by respondent was the result of this increase in value and other adjustments not in issue, including respondent’s allowance of a credit for tax on prior transfers in the amount of $1,152,649, that had not been claimed by…
2Cases cited21 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Bull v. United StatesSupreme Court of the United States · 1935
- United States v. DalmSupreme Court of the United States · 1990
- Order of Railroad Telegraphers v. Railway Express Agency, Inc.Supreme Court of the United States · 1944
- Reiter v. CooperSupreme Court of the United States · 1993
16 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of Branson v. CommissionerUnited States Tax Court · 1999
- Menard, Inc. v. Comm'rUnited States Tax Court · 2008
- Van Alen v. Comm'rUnited States Tax Court · 2013
- Estate of Bessie I. Mueller, John S. Mueller, Personal Representative v. CommissionerUnited States Tax Court · 1996
- Estate of Branson v. CommissionerUnited States Tax Court · 1999
6 more not listed; retrieve them via the Exa API.