- 10 - 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, respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011