Kristine A. Cluck - Page 15

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          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.               




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