Estate of Mildred Geraldine Letts, Deceased, James P. Letts III and Joanne L. Magbee, Coexecutors - Page 14

                                       - 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

Last modified: May 25, 2011