Bentley Court II Limited Partnership, B.F. Bentley, Inc., Tax Matters Partner - Page 10

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               The duty of consistency has been applied to prevent a                  
          taxpayer from denying the accuracy of a previously reported basis           
          in property after the period of limitations has run on                      
          assessments, see Cluck v. Commissioner, supra, Beltzer v. United            
          States, supra, and the Commissioner’s acquiescence has been                 
          determined to exist when a taxpayer’s return is accepted as filed,          
          see Lefever v. Commissioner, supra, Beltzer v. United States,               
          supra.  The Commissioner’s acquiescence does not require                    
          examination of the taxpayer’s return.  See Estate of Letts v.               
          Commissioner, 109 T.C. 290, 300-301 (1997), affd. per curiam                
          without published opinion 212 F.3d 600 (11th Cir. 2000).                    
               Respondent argues that the facts in this case show that all            
          three of the criteria have been met and that Bentley Court should           
          be held to a duty of consistency.  Bentley Court contends that the          
          duty of consistency is inapplicable, or if it is, it should be              
          applied to estop respondent from recapturing the credit.  We agree          
          with respondent.                                                            
               Bentley Court construes the following sequence of facts which          
          it believes should result in the application of a duty of                   
          consistency against respondent:  (1) Bentley Court reported the             
          low-income tax credits in 1990 to 1995, and respondent                      
          “disallowed” those credits for all years by criminally prosecuting          
          Lewis; (2) because of the indictments against Lewis, respondent             







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