- 24 - taxpayer”, especially if “the crucial facts are known to both parties and the erroneous deductions are due to a mutual mistake of law.” S. Pac. Transp. Co. v. Commissioner, supra at 560; cf. Interlochen Co. v. Commissioner, 232 F.2d 873 (4th Cir. 1956), affg. 24 T.C. 1000 (1955); Hull v. Commissioner, 87 F.2d 260, 262 (4th Cir. 1937) (stating that “a party either knowing the facts, or in a position to know them, cannot claim the benefit of estoppel”), revg. 33 B.T.A. 178 (1935). In the instant case, respondent had reason to know all the relevant facts. When Mr. Posner’s estate filed its estate tax return, it adequately disclosed the relevant facts and documents, attaching a copy of Mr. Posner’s will.15 Respondent audited the estate tax return of Mr. Posner’s estate and allowed the marital deduction.16 15 Respondent claims that when Mr. Posner’s estate filed the estate tax return, it made a “factual representation” that decedent possessed a general power of appointment over the marital trust property. We are not convinced that this is a factual representation; rather, it is a legal conclusion. In attaching Mr. Posner’s will to the estate tax return, Mr. Posner’s estate disclosed all underlying facts necessary to reach this conclusion or an alternative conclusion. Cf. Estate of Ashman v. Commissioner, T.C. Memo. 1998-145 (“The Commissioner may rely on representations in a return signed under penalties of perjury absent sufficient facts that provide actual or constructive knowledge to the contrary.” (Emphasis added.)), affd. 231 F.3d 541 (9th Cir. 2000). 16 Cf. Estate of Letts v. Commissioner, supra at 300 (“The Commissioner acquiesces in or relies on a fact if a taxpayer files a return that contains an inadequately disclosed item of which the Commissioner was not otherwise aware, the Commissioner accepts that return, and the time to assess tax expires without an audit of that return.” (Emphasis added.)).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011