- 14 - or all the elements of a technical estoppel. It arises rather from the duty of disclosure which the law puts on the taxpayer, along with the duty of handling his accounting so it will fairly subject his income to taxation.” [Interlochen Co. v. Commissioner, 232 F.2d 873, 878 (4th Cir. 1956), affg. 24 T.C. 1000 (1955) (quoting Wichita Coca Cola Bottling Co. v. United States, 152 F.2d 6, 8 (5th Cir. 1945))]. Bentley Court represented on its 1990 through 1992 returns that it qualified for low-income housing credits. It generally claimed compliance with section 42 and did not provide its reasoning for claiming the credit. It is obvious from the record we consider that the criminal matter had to do with misrepresentations and/or concealment of facts on Bentley Court’s behalf by Lewis. Accordingly, Bentley Court’s “mistake of law” argument has no basis in this record and is not worthy of further consideration. See Interlochen Co. v. Commissioner, supra. Accordingly, we reject Bentley Court’s alternative argument. Bentley Court has conceded that it does not qualify for low- income housing credits for 1993. Accordingly, the apartment building’s qualified basis was thus zero at the end of 1993. In addition, Bentley Court is estopped to deny that the 1992 yearend qualified basis was less than $11,537,221. Because the qualified basis at the end of 1993 was less than the qualified basis at the end of 1992, Bentley Court is subject to recapture in 1993. See sec. 42(j).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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