Interhotel Company, LTD., Torrey Hotel Enterprises, Inc., Tax Matters Partner - Page 39

                                        -39-                                          
               Under these circumstances, we conclude that petitioner's               
          reliance upon Vecchio is misplaced.                                         
          III.  Respondent's Prior Activities Do Not Require a Different              
          Result                                                                      
               Petitioner argues that respondent accepted its partnership             
          allocations and capital account entries prior to 1991.  Petitioner          
          asserts that this acquiescence underscores the strength of its              
          argument that THEI should be allocated all the net income for the           
          period following June 20, 1991. We disagree. In general, the fact           
          that a taxpayer's treatment of an item on a tax return in a prior           
          year is accepted by the Commissioner's agents in audits of the              
          taxpayer's prior return  does  not  preclude  or  estop  the                
          Commissioner, in a later year, from determining that an item should         
          be treated differently.  See Hawkins v. Commissioner, 713 F.2d 347,         
          351-352 (8th Cir. 1983), affg. T.C. Memo. 1982-451; Easter v.               
          Commissioner, 338 F.2d 968 (4th Cir. 1964), affg. per curiam T.C.           
          Memo. 1964-58; Estate of Emerson v. Commissioner, 67 T.C. 612, 617-         
          618 (1977); Coors v. Commissioner, 60 T.C. 368, 406 (1973), affd.           
          519 F.2d 1280 (10th Cir. 1975).                                             

          (...continued)                                                              
          that a liquidation of PGL and PLH would provide adequate cash to            
          pay off THEI's negative capital account, repay Mr. Manchester's             
          positive capital account, and leave a surplus of cash to be                 
          allocated pursuant to the 85-to-15 ratio specified in the IHCL              
          Restated Agreement.  These schedules leave us with many                     
          unanswered questions, especially with regard to the extremely               
          large negative capital account balances of PGL and PLH.                     
          Petitioner's presentation of this argument has failed to convince           
          us that upon liquidation of IHCL, THEI would have completely                
          restored its negative capital account.                                      




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