Michael C. Hollen and Joan L. Hollen - Page 12




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          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 was            







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