- 14 - representation is true, even if it is not, and the taxpayer may not assert the contrary. Herrington v. Commissioner, supra. The three elements of the duty of consistency refer to conflicting representations that are made by a taxpayer. However, as discussed next, the duty of consistency can also be applied to bind one person to a representation made by another where the two are deemed to be in privity. We will first decide whether the duty of consistency applies between the Estates of James Letts, Jr., and of decedent; we will then decide whether the three elements of the duty of consistency are present in this case. 3. Whether the Estates of Decedent and Her Husband Are Subject to the Duty of Consistency Petitioner contends that the duty of consistency does not apply between decedent's estate and the Estate of James Letts, Jr. We disagree. The duty of consistency can bind a beneficiary of an estate to a representation made on an estate tax return if the beneficiary was a fiduciary of the estate. Beltzer v. United States, supra; Cluck v. Commissioner; supra at 333; LeFever v. Commissioner, supra at 543; Griffith v. United States, 27 AFTR 2d 71-436, 71-1 USTC par. 9280 (N.D. Tex. 1971); McMillan v. United States, 14 AFTR 2d 5704, 64-2 USTC par. 9720 (S.D. W. Va. 1964);Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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