Spencer Medical Associates, Automotive Ventures, Inc. f/k/a Spencer Toyota, Inc., Tax Matters Partner - Page 10

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          of one of many documentary exhibits collected in that                       
          investigation.                                                              
               Here the taxpayer is attempting to turn the shield of the              
          statute of limitations into a sword and to turn on its head a               
          doctrine intended to minimize the availability of a double                  
          deduction.  The disputed element of the duty of consistency is              
          the Government's reliance on the taxpayer's representation as to            
          the treatment of an item on the return; if the taxpayer has                 
          disclosed on the return or during an audit questions about that             
          treatment, the Government cannot show reliance.  Under the                  
          circumstances of this case, we do not believe that disclosure of            
          facts suggesting possibly erroneous treatment of an item 2 months           
          prior to the expiration of the period of limitations is                     
          sufficient to terminate reliance for purposes of the duty of                
          consistency doctrine.                                                       
               Finally, petitioner argues that respondent should be                   
          estopped from making the adjustment in issue here because of the            
          success of the argument in Agro Science that the deduction                  
          allowed to similarly situated partnerships was invalid.  In this            
          regard, this case is indistinguishable from Herrington, and the             
          result should be the same.  See also Alling v. Commissioner, 102            
          T.C. 323, 333-336 (1994), affd. without published opinion sub               
          nom. Handelman v. Commissioner, 57 F.3d 1063 (2d Cir. 1995),                
          affd. without published opinion sub nom. Eisenman v.                        
          Commissioner, 67 F.3d 291 (3d Cir. 1995) ("the substance of * * *           




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