- 12 - time, the indictment and criminal proceeding commenced after the normal 3-year period for assessment of the tax for 1992 had expired. Moreover, we note that respondent’s examination did not extend back prior to Bentley Court’s 1993 tax year. Accordingly, it appears that respondent (during the examination) did not gain access to facts that would have put him on notice that the credit claimed for 1992 was erroneous. Cf. S. Pac. Trans. Corp. v. Commissioner, 75 T.C. 497, 560 (1980), supplemented by 82 T.C. 122 (1984); Davoli v. Commissioner, T.C. Memo. 1994-326. Respondent acquiesced to and relied upon Bentley Court’s representations by “accepting” the returns as filed, irrespective of the indictment and conviction of Lewis, Bentley Court’s principal officer. Bentley Court’s situation matches the third prong by its change of position with respect to the closed years. Bentley Court first represented that it qualified for low-income housing credits for the years 1990 through 1992, and had the above- described yearend qualified bases. Now that the assessment periods for those years have expired, Bentley Court claims that the previously reported yearend qualified bases were actually 5(...continued) in other relationships. Whether it be called estoppel, or a duty of consistency, or the fixing of a fact by agreement, the fact fixed for one year ought to remain fixed in all its consequences, unless a more just general settlement is proposed and can be effected. * * * [Alamo Natl. Bank v. Commissioner, 95 F.2d 622, 623 (5th Cir. 1938), affg. 36 B.T.A. 402 (1937).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011