-11- indebtedness in that year. Even assuming, arguendo, that the character of the amounts dispersed to petitioners from Delivery was that of a dividend, we still believe respondent should prevail on the grounds that petitioners are precluded by the duty of consistency from denying that the amounts were loans. See Bartel v. Commissioner, 54 T.C. 25 (1970). Petitioners consistently maintained that the shareholder accounts represented loans, not dividends. The accounts were written off only shortly after the audit of years 1982 through 1984 was resolved. That was the first time petitioners had taken the position that the amounts received in prior years were dividends. The statute of limitations had closed on those prior years. A taxpayer who obtains a benefit by taking a position in one year cannot disavow that position in a later year to the detriment of the Government. See Commissioner v. Liberty Bank & Trust Co., 59 F.2d 320, 325 (6th Cir. 1932); see also Commissioner v. National Alfalfa Dehydrating & Milling Co., 417 U.S. 134, 149 (1974) (citing Higgins v. Smith, 308 U.S. 473, 477 (1940); Beltzer v. United States, 495 F.2d 211 (8th Cir. 1974)). Issue 3. Accuracy-Related Penalty The final issue is whether petitioners are liable for the 20- percent accuracy-related penalty for underpayment of tax attributable to negligence or disregard of rules or regulations. Sec. 6662(a) and (b)(1). Petitioners contend that they should notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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