- 6 - OPINION In this case, it is apparent from the allegations of their petition and from their correspondence that petitioners knew they were not entitled to the deduction of $99,000 claimed on their 1995 return. As early as December 1991, petitioner had written a letter acknowledging that the disputed deductions, first taken on his return for 1990, were contrary to legal precedent. (From petitioner's correspondence and his statements at trial, it appears that the dispute involved whether certain payments must be capitalized rather than deducted in the years paid.) On the 1995 return, filed early in 1996, they claimed the erroneous deduction expressly for the purpose of securing a hearing before the Court, in which they would attack the settlements for 1990 and 1991 into which they had entered in 1994. They neither appealed nor directly attacked by motion the decisions in the earlier cases. Approximately a year after the filing of petitioners' return for 1995, an IRS Problem Resolution Specialist sent to petitioners a letter dated February 12, 1997, ambiguously stating that the deduction claimed on petitioners' 1995 return was being allowed. Petitioners claim that the IRS thereby "forfeited" the right to disallow the deduction. Their position has no merit. See Dixon v. United States, 381 U.S. 68, 75 (1965); Automobile Club v. Commissioner, 353 U.S. 180, 183-184 (1957); Warner v.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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