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rollover was not accomplished within the requisite 60 days. See
also Eagan v. United States, 80 F.3d 13 (1st Cir. 1996).
A taxpayer's approach to reporting of an item on a tax
return can be accepted as a representation that facts exist that
are consistent with the manner of reporting. Estate of Letts v.
Commissioner, supra. On her 1990 return, decedent reported that
the entire amount of the 1990 pension distribution was timely
rolled over into an eligible retirement plan and that the taxable
portion of the pension distribution was zero. Although decedent
did not report the date of receipt of the pension distribution or
the date of the rollover, she represented that facts existed to
support the tax-deferred rollover treatment of the pension
distribution.
(2) Respondent’s Reliance or Acquiescence of the Item Reported
for 1990
The Commissioner acquiesces or relies on a representation of
the taxpayer when the taxpayer files a return that contains an
inadequately disclosed item and respondent accepts that return
and allows the period of limitations to expire without an audit
of that return. Herrington v. Commissioner, supra; Mayfair
Minerals, Inc. v. Commissioner, supra at 91; see Spencer Med.
Associates v. Commissioner, T.C. Memo. 1997-130; Hughes & Luce,
L.L.P. v. Commissioner, T.C. Memo. 1994-559, affd. on another
issue 70 F.3d 16 (5th Cir. 1995). Respondent cannot rely on a
representation made by a taxpayer if the taxpayer has provided
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