- 5 - Court, thus vesting the Court with jurisdiction over the case. See Brown v. Commissioner, T.C. Memo. 1996-100. Issue 1. Period of Limitations Respondent determined a deficiency in petitioner's income tax of $44,086 for 1990. Petitioner asserts that respondent is precluded from assessing this deficiency by the theory of judicial estoppel, or in the alternative, by the expiration of the period of limitations. We are not persuaded by petitioner's arguments. The doctrine of judicial estoppel, petitioner argues, operates to preclude a party from asserting a position in legal proceedings which is contrary to a position it has already asserted in another proceeding. See Teledyne Indus., Inc. v. NLRB, 911 F.2d 1214, 1217-1220 (6th Cir. 1990). Petitioner maintains that in proceedings before the Court of Federal Claims the Government conceded that the statute of limitations barred any assessment of a deficiency for 1990. Petitioner claims that the Government asserted this as a basis for having his suit before the Court of Federal Claims dismissed, and is now prohibited from asserting a contrary position before the Court. At trial, respondent denied that the Government made such a concession during the proceedings before the Court of Federal Claims. In support of his contention, petitioner introduced atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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