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evidence that the 1990 pension distribution was a nontaxable
return of after-tax employee contributions. Decedent's reporting
that the 1990 pension distribution was nontaxable because it was
rolled over is inconsistent with petitioner's current claim that
the distribution may have been nontaxable without being rolled
over. This is sufficient to establish that decedent understated
her tax liability in 1990. We hold that respondent has shown
that decedent received a tax benefit from the inconsistent
position with respect to the 1990 distribution.
We further hold that the duty of consistency doctrine
applies and that the 1993 distribution to petitioner from the GNA
account was includable in her gross income for that year.
To reflect the foregoing and concessions by the parties,
Decision will be entered under
Rule 155.
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Last modified: May 25, 2011