T.C. Memo. 1998-145 UNITED STATES TAX COURT ESTATE OF HILDA ASHMAN, DECEASED, PHILLIP ASHMAN, PERSONAL REPRESENTATIVE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15578-96. Filed April 22, 1998. In 1990, D received a distribution from a qualified pension plan and reported that it was timely rolled over pursuant to sec. 402, I.R.C. In 1993, D received a distribution from the transferee plan. R determined that the 1993 distribution is taxable income to D. The 1990 distribution was not timely rolled over, and the period to assess tax for 1990 is expired. P contends that the 1993 distribution is not taxable because the taxable event occurred in 1990. R argues that P is estopped under the duty of consistency from arguing that the 1990 distribution was taxable. P argues that appellate venue in this case would be to the Court of Appeals for the Ninth Circuit, which does not recognize the doctrine of the duty of consistency in tax deficiency cases. Held: The 1993 distribution is taxable under the duty of consistency. Steven R. Mather and Elliott H. Kajan, for petitioner. T. Ian Russell, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011