- 26 -                                         
          taxpayer may not successfully assert the contrary.  Herrington v.           
          Commissioner, supra at 758.                                                 
               The three elements of the duty of consistency refer to                 
          conflicting representations that are made by a taxpayer.  The               
          duty of consistency, however, can also bind a beneficiary of an             
          estate to a representation made on an estate tax return if the              
          beneficiary was a fiduciary of the estate.  Beltzer v. United               
          States, supra; see also Hess v. United States, supra; Estate of             
          Letts v. Commissioner, supra at 298; Cluck v. Commissioner, supra           
          at 333; LeFever v. Commissioner, supra at 543-544; Griffith v.              
          United States, 27 AFTR 2d 71-754, 71-1 USTC par. 9280 (N.D. Tex.            
          1971); McMillan v. United States, 14 AFTR 2d 5704, at 5706-5707,            
          64-2 USTC par. 9720, at 93,839 (S.D. W. Va. 1964).  Whether there           
          is sufficient identity of interests between the parties to apply            
          the duty of consistency in such a situation depends on the facts            
          and circumstances of each case.  Cluck v. Commissioner, supra at            
          335.  In this case, there is a sufficiently close relationship              
          between petitioners and Sidney’s estate because Conrad and                  
          Carroll were co-executors and beneficiaries of Sidney’s estate as           
          well as cotrustees and beneficiaries of the trust to which the              
          gallery had been transferred prior to Sidney’s death.  See, e.g.,           
          Hess v. United States, supra at 464; Estate of Letts v.                     
          Commissioner, supra at 298-299; LeFever v. Commissioner, supra at           
          543-544; Griffith v. United States, supra; McMillan v. United               
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