- 12 - instead that the ranch was not partnership property and that the gain from the sale of the ranch was not income to them. Several years later, during the audit of the 1988 partnership return, petitioner failed to inform respondent that title to the ranch was held individually or that he had changed his prior reporting position that the ranch was partnership property. These facts satisfy the three elements necessary to invoke the duty of consistency under Beltzer v. United States, supra. First, petitioner consistently represented that the ranch was partnership property, from the filing of the first partnership return to the filing of the partnership’s final return. That representation carried over to petitioner’s Federal income tax returns for 1982 through 1987. Second, respondent acquiesced in and relied upon these representations to respondent’s detriment by allowing the period of limitations on assessment to run on petitioners’ income tax returns without adjusting their distributive share of partnership income and deductions. See sec. 6501. Third, petitioner now claims that his previous representations were in error and seeks to change the representation on his 1988 Federal income tax return. Petitioners argue that the duty of consistency should not apply because they are innocent of any intentional wrongdoing. They contend that they did not learn that title to the ranch wasPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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