Kristine A. Cluck - Page 13

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          is thereafter estopped from taking a contrary position in an                
          effort to avoid taxes.  Id. at 542.                                         
               There are a number of justifications for the duty of                   
          consistency, the most obvious being that taxpayers should not be            
          able to maintain inconsistent positions to obtain an unfair                 
          advantage.  As stated by the Court of Appeals for the Fifth                 
          Circuit:                                                                    
               In adjusting values the Commissioner in effect represents              
               the interests of all other taxpayers who must bear what the            
               particular taxpayer unjustly escapes.  It is no more right             
               to allow a party to blow hot and cold as suits his interests           
               in tax matters than in other relationships.  Whether it be             
               called estoppel, or a duty of consistency, or the fixing of            
               a fact by agreement, the fact fixed for one year ought to              
               remain fixed in all its consequences, unless a more just               
               general settlement is proposed and can be effected. * * *              
               [Alamo Natl. Bank v. Commissioner, 95 F.2d 622, 623 (5th               
               Cir. 1938), affg. 36 B.T.A. 402 (1937).]                               
          Aside from eliminating the unfair advantage obtained by a                   
          taxpayer who maintains inconsistent positions, the duty of                  
          consistency also contributes to our self-reporting system of                
          taxation.  As this Court has noted, to allow taxpayers "to                  
          disavow their prior representations * * * would invite similar              
          intentional deceit on the part of other taxpayers seeking to gain           
          a tax benefit."  LeFever v. Commissioner, supra at 544.                     
          Furthermore, this Court has noted that the duty of consistency              
          buttresses the values of finality and repose inherent in statutes           
          of limitation, and it possesses the administrative virtue of                
          eliminating the fact-finding problems associated with reviewing             
          old transactions, "when the evidence may be stale and                       




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