James E. Brown - Page 5

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          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 at             





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