Alan E. and Harriet R. Lewis - Page 2

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          with that court's opinion, Lewis v. Commissioner, 18 F.3d 20 (1st           
          Cir. 1994).  Respondent seeks to amend her answer so as to raise            
          for the first time before this Court the affirmative defense of             
          quasi-estoppel, also known as the duty of consistency.                      
          Petitioners seek judgment as a matter of law on grounds that                
          respondent has untimely raised such affirmative defense.  For the           
          reasons set forth herein, we grant respondent's motion and deny             
          petitioners' motion.                                                        
          Background                                                                  
               Our initial opinion in this case, filed at T.C. Memo. 1992-            
          391, dealt with Alan E. Lewis’ (petitioner) involvement in a                
          series of complicated loan transactions throughout a 10-year                
          period ending in 1984.  These loan transactions involved domestic           
          and foreign corporations, partnerships, and trusts in which                 
          petitioner maintained ownership interests.  The series of loan              
          transactions culminated in 1984 when a foreign corporation                  
          controlled by petitioner indirectly transferred $1,062,500 to a             
          trust also controlled by petitioner.  Petitioners did not report            
          the $1,062,500 transfer on their Federal income tax return for              
          taxable year 1984; petitioners did, however, report interest                
          income from the trust.  Respondent determined that the trust at             
          issue was a grantor trust and the $1,062,500 was income to such             
          trust.  A deficiency noticed followed.                                      
               Petitioners advanced three alternative arguments in their              
          attack upon respondent's determination.  We analyzed petitioners'           




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