“ This Court held that the amount of the tax collected on a wrong theory should be allowed in recoupment against an assessment under the correct theory. [2] In Stone v. White, likewise, both the claim and recoupment involved a single taxable event, which was receipt by an estate of income for a period. The trustees had paid the income tax on it but this Court held it was taxable to the beneficiary. Assessment against the beneficiary had meanwhile become barred. Then the trustees sued for a refund, which would inure to the beneficiary. ”

“ Moreover, we have held that the Tax Court has no jurisdiction to consider recoupment. Gooch Milling and Elevator Co. v. Commissioner, 320 U.S. 418, 64 S.Ct. 184, 88 L.Ed. 139. Hence, the availability of the remedy would depend on diverting the litigation to the district courts.
We cannot approve such encroachments on the policy of the statute out of consideration for a taxpayer who for many years failed to file or prosecute its refund claim. If there are to be exceptions to the statute of limitations, it is for Congress rather than for the Courts to create and limit them. ”

“ When this suit was brought in 1943, the claim pleaded as a recoupment was for taxes collected over twenty years before and for over sixteen years barred by the statute. That claims dead so long can be resurrected under this doctrine, is enough to show its menace to the statute of limitations-at least as to those taxpayers whose affairs by accident or design take such shape that they can avail themselves of recoupment remedies. ”

“ The theory is that even if one has a just claim it is unjust not to put the adversary on notice to defend within the period of limitation and that the right to be free of stale claims in time comes to prevail over the right to prosecute them.' Order of Railroad Telegraphers v. ”