Jorge V. and Carol A. Geaga - Page 6

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                                       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.               





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