Kristine A. Cluck - Page 18

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          the estate tax return as having a fair market value of $59,713 on           
          the date of his father's death, September 22, 1959.  The time for           
          adjustments and assessments against the estate expired on                   
          December 23, 1963.  On May 6, 1966, the taxpayer sold the shares            
          for $140,000.  For purposes of determining his gain on the sale             
          of the stock, the taxpayer asserted that the stock actually had a           
          fair market value of $118,020 on the date of his father's death,            
          despite the fact that he had signed the estate tax return at the            
          lesser figure and had received the benefit of the lower estate              
          tax.  The taxpayer argued that he should not be bound by the                
          estate's representation of value, because he relied on his                  
          coexecutor to handle the estate tax return.  Rejecting the                  
          taxpayer's nonparticipation argument, the Court of Appeals held             
          that the taxpayer was bound by the lower stock value reported by            
          the estate under the duty of consistency.  Id. at 212.                      
               The teaching from Hess, Beltzer, and the other cases which             
          have found that a taxpayer may be estopped by a prior                       
          representation made by or on behalf of another taxpayer is that             
          there must be a sufficiently close relationship between the party           
          making the prior representation and the party to be estopped.               
          Hess v. United States, supra at 464; Beltzer v. United States,              
          supra at 212.  Whether there is sufficient identity between the             
          parties will be dependent upon the facts and circumstances of the           








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