Estate of Mildred Geraldine Letts, Deceased, James P. Letts III and Joanne L. Magbee, Coexecutors - Page 15

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          accord Hess v. United States, supra.  A husband and wife can have           
          interests so closely aligned that one may be estopped under the             
          duty of consistency by a prior representation of the other.                 
          Cluck v. Commissioner, supra at 333-336.  The same can be true of           
          the estates of a husband and a wife.  Whether there is sufficient           
          identity of interests between the parties to apply the duty of              
          consistency depends on the facts and circumstances of each case.            
          Id. at 335.                                                                 
               There is a sufficient identity of interests between the                
          Estates of James Letts, Jr., and of decedent to trigger the duty            
          of consistency.  Decedent and James Letts, Jr., were married.               
          Their estates were a single economic unit.  Decedent's husband              
          left his estate to decedent, James P. Letts III, and JoAnne                 
          Magbee; and decedent left her estate to James P. Letts III and              
          JoAnne Magbee.  Decedent was an executrix of her husband's                  
          estate.  James P. Letts III signed both estate tax returns.                 
          JoAnne Magbee is also a coexecutor of, and signed the estate tax            
          return for, decedent's estate.                                              
               The U.S. Court of Claims did not apply the duty of                     
          consistency between an estate and its beneficiaries in Ford v.              
          United States, 149 Ct. Cl. 558, 276 F.2d 17 (1960).  The U.S.               
          Court of Claims in Hess v. United States, supra, and the U.S.               
          Court of Appeals for the Eighth Circuit in Beltzer v. United                







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