John and Louisa A. Hodel - Page 21

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          even recklessly so.  But negligence, even reckless negligence, is           
          not affirmative misconduct.  Schweiker v. Hansen, 450 U.S. 785              
          (1981); Portmann v. United States, 674 F.2d 1155, 1167 (7th Cir.            
          1982) (citing TRW, Inc. v. FTC, 647 F.2d 942, 951 (9th Cir. 1981)           
          (defining affirmative misconduct as "something more than mere               
          negligence")).                                                              
               Moreover, the often-stated general rule is that a revenue              
          agent does not have the authority to bind the Commissioner.  See            
          Dixon v. United States, 381 U.S. 68, 73 (1965); United States v.            
          Stewart, 311 U.S. 60 (1940).  A claim of estoppel is usually                
          rejected, even though the taxpayer contends that he followed the            
          erroneous advice of an agent and acted in reliance upon it.                 
          Boulez v. Commissioner, supra; Montgomery v. Commissioner, 65               
          T.C. 511, 522 (1975).  Accordingly, petitioners' equitable                  
          estoppel claim fails.                                                       
               Petitioners also raise arguments that the period of                    
          limitations should be extended in light of the misrepresentations           
          allegedly made by the IRS agents.  In tax refund cases, the                 
          actions of the IRS and its agents may equitably toll a period of            
          limitations.  Irwin v. Department of Veterans Affairs, 498 U.S.             
          89 (1990) (rebuttable presumption of equitable tolling applies to           
          suits against the United States); Brockamp v. United States, 67             
          F.3d 260, 261 (9th Cir. 1995), cert granted ___ U.S. ___, 116 S.            
          Ct. 1875 (1996).  The elements of equitable tolling are similar             
          to those of equitable estoppel.  A taxpayer seeking to apply                




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