- 18 - may be an implied statement of the facts relating to the taxpayer's receipt of the funds, which, under the duty of consistency, a taxpayer cannot later repudiate. Wentworth v. Commissioner, 244 F.2d 874, 875 (9th Cir. 1957) (not reporting the receipt of funds on an income tax return was a representation that the funds were a loan repayment), affg. 25 T.C. 1210 (1956); Doneghy v. Alexander, 118 F.2d 521, 524 (10th Cir. 1941) (not reporting interest in a trust as income was a representation that the taxpayer had zero basis in the trust); Portland Oil Co. v. Commissioner, 109 F.2d 479, 485-486 (1st Cir. 1940) (not reporting a sale in 1929 was a representation that the sale did not occur in 1929), affg. 38 B.T.A. 757 (1938).10 10 Cf. Ross v. Commissioner, 169 F.2d 483, 496 (1st Cir. 1948), revg. and remanding a Memorandum Opinion of this Court dated Feb. 10, 1947. In Ross, the taxpayer's position on his earlier return was that his accrued salary was income when received. On his later return, the taxpayer's position was that he had constructively received his accrued salary in the earlier year. The U.S. Court of Appeals for the First Circuit did not estop the taxpayer from taking this position on the second return because the taxpayer's change in position related to a question of law, not a question of fact. Id. at 496. Also, unlike this case, in Ross, the Commissioner had detailed information about the accrued salaries before assessment of the earlier return was barred by the statute of limitations and before the later return was filed. Id. at 495-496. Thus, Ross is distinguishable from this case.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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