- 2 - 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'Page: Previous 1 2 3 4 5 6 7 8 Next
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