- 29 - Memo. 2005-167; Chen v. Commissioner, supra. Ordinary losses are thereby made available to offset ordinary income and are not subject to the $3,000 (or $1,500) limitation imposed by section 1211(b) on the deduction by an individual of capital losses in excess of capital gains. E.g., Vines v. Commissioner, supra at 288; Knish v. Commissioner, supra; Lehrer v. Commissioner, supra; Chen v. Commissioner, supra. C. Attribution of E Trade Transactions The doctrine of the duty of consistency, also known as “quasi-estoppel” is among the equitable principles applicable in this Court. E.g., Herrington v. Commissioner, 854 F.2d 755, 757 (5th Cir. 1988), affg. Glass v. Commissioner, 87 T.C. 1087 (1986); Cluck v. Commissioner, 105 T.C. at 331; LeFever v. Commissioner, 103 T.C. at 541; Janis v. Commissioner, T.C. Memo. 2004-117. The doctrine, derived from R.H. Stearns Co. v. United States, 291 U.S. 54 (1934), rests upon the premise that a taxpayer has a duty to be consistent in the tax treatment of items and will not be permitted to benefit from the taxpayer’s own prior error or omission. E.g., Herrington v. Commissioner, supra at 757; Shook v. United States, 713 F.2d 662, 666-667 (11th Cir. 1983); Beltzer v. United States, 495 F.2d 211, 212 (8th Cir. 1974); Estate of Letts v. Commissioner, 109 T.C. 290, 296 (1997), affd. without published opinion 212 F.3d 600 (11th Cir. 2000);Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: November 10, 2007