- 15 - adjustments to the Estate. Accordingly, respondent argues that petitioner is estopped from arguing that Elwood's basis in the Grapevine property was higher than one-fourth of the agreed value of the Grapevine property in the stipulation of settled issues. Petitioner argues that the duty of consistency does not apply in this case, since she was not a party to the stipulation. In analyzing whether the duty of consistency applies, we note that respondent's initial premise is that the duty of consistency would estop Elwood from arguing that his basis in the Grapevine property was greater than one-fourth of the amount agreed to in the stipulation of settled issues. We agree with respondent's threshold premise, as it comports with our decision in LeFever v. Commissioner, 103 T.C. 525 (1994). However, even assuming the application of the duty of consistency against Elwood, petitioner points out that Elwood is not the taxpayer in this case. Petitioner asserts that she was not a party to and did not enter into the stipulation of settled issues, and therefore the first prong of the duty of consistency test is not satisfied. Respondent argues that, due to the relationship between Elwood and petitioner, petitioner was bound by Elwood's representation. Several courts have held that the duty of consistency doctrine prevents a beneficiary of an estate from repudiating an estate tax value, where the beneficiary had been a fiduciary of the estate. Beltzer v. United States, 495 F.2d 211 (8th Cir.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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