- 10 - petitioner relies on our analysis in Cluck v. Commissioner, 105 T.C. 324 (1995). In focusing on our determination in Cluck to hold a taxpayer to the stipulation that the taxpayer’s husband had entered into in an earlier proceeding, petitioner overlooks the setting of Cluck. In the earlier Cluck proceeding the taxpayer’s husband, as executor of his mother’s estate, had stipulated to a $1,420,000 date-of-death fair market value of property included in the estate; decision was entered in that estate tax case on the basis of this settlement stipulation; and the taxpayer’s husband’s inherited portion of that property amounted to $355,000. Cluck v. Commissioner, 105 T.C. at 329, 331. The taxpayer’s husband then sold the property. Id. at 331. The taxpayer and her husband filed separate tax returns for the year of the sale, but filed a joint tax return for a year to which a claimed net operating loss was carried. Id. at 326-327. For purposes of determining the amount of the claimed net operating loss carryover to the joint tax return year it became important to determine the taxpayer’s husband’s gain or loss on the sale of the inherited property. In Cluck the taxpayer contended that her husband’s basis in the inherited property was really $625,000, and not the $355,000 that would have resulted from the settlement of the estate tax case. Id. at 331. The duty of consistency stops a party from unfairly benefiting from that party’s own error or omission under certainPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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