Bentley Court II Limited Partnership, B.F. Bentley, Inc., Tax Matters Partner - Page 11

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          did not acquiesce to the credits claimed for 1990, 1991, and 1992;          
          and (3) Bentley Court was compelled to change its initial                   
          representation or claim of credits due to the criminal prosecution          
          against Lewis.  We conclude that Bentley Court’s approach and               
          perspective regarding the duty of consistency doctrine are                  
          inapposite.                                                                 
               As to the first prong, Bentley Court claimed credits and               
          reported the existence of qualified basis on its tax returns, as            
          follows:                                                                    
          Year                 Credit        Yearend qualified basis                  
          1990                $28,508             $223,770                            
          1991                699,780             8,372,263                           
          1992                859,543             11,537,221                          
               The second prong concerns the Commissioner’s acquiescence or           
          reliance on the above-referenced facts reported by Bentley Court.           
          On that point, Bentley Court contends that respondent did not               
          acquiesce or rely, as reflected by respondent’s criminal                    
          prosecution of Lewis with respect to the concealment of                     
          information or records.  That criminal prosecution, however, does           
          not relieve Bentley Court of the duty of consistency.5  In point of         

               5 The rationale underlying the duty of consistency has been            
          described, as follows:                                                      
               In adjusting values the Commissioner in effect                         
               represents the interests of all other taxpayers who                    
               must bear what the particular taxpayer unjustly                        
               escapes.  It is no more right to allow a party to blow                 
               hot and cold as suits his interests in tax matters than                
                                                               (continued...)         





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