- 14 - unavailable." Bartel v. Commissioner, 54 T.C. 25, 32 (1970); McMillan v. United Sates, 14 AFTR 2d 5704, , 64-2 USTC par. 9720, at 93,839 (S.D. W. Va. 1964); see Johnson, "The Taxpayer's Duty of Consistency", 46 Tax Law Rev. 537, 538, 544-549 (1991). This Court has found that the duty of consistency applies when: "(1) the taxpayer has made a representation or reported an item for tax purposes in one year, (2) the Commissioner has acquiesced in or relied on that act for that year, and (3) the taxpayer desires to change the representation, previously made, in a later year after the statute of limitations on assessments bars adjustments for the initial year." [LeFever v. Commissioner, supra at 543 (quoting Beltzer v. United States, 495 F.2d 211, 212 (8th Cir. 1974)).] Respondent argues that the foregoing triune standard has been satisfied. Specifically, respondent argues Elwood made a representation in the stipulation of settled issues that the value of the Grapevine property for purposes of computing the Estate's Federal estate tax liability was $1,420,000. Respondent argues that, due to the relationship between Elwood and petitioner, petitioner was bound by this representation. Respondent relied on this representation, allowing such value to be used in computing the Estates's Federal estate tax liability. Finally, respondent argues that petitioner is now maintaining a position inconsistent with the prior representation, after the decision in the Estate case has become final, barring subsequentPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011