Greg A. Bell - Page 6

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          petition, could have contested the underlying liability.                    
          Petitioner, however, did not petition the Court after the 2003              
          notice of determination was issued.                                         
               Petitioner also contends that he should have been allowed,             
          at the 2005 hearing, to contest the underlying liability because            
          respondent erroneously precluded him, at the 2002 hearing, from             
          doing so.  In Heckler v. Cmty. Health Servs., 467 U.S. 51, 63               
          (1984), the Supreme Court stated that “those who deal with the              
          Government are expected to know the law and may not rely on the             
          conduct of Government agents contrary to law.”  See Estate of               
          Emerson v. Commissioner, 67 T.C. 612, 617 (1977) (holding that              
          this Court will apply the doctrine of estoppel against the                  
          Government with the “utmost caution and restraint”).  Despite               
          respondent’s error, petitioner was entitled to petition this                
          Court, dispute the determination, and challenge the underlying              
          liability.  Petitioner failed to do so and, thus, was precluded             
          from subsequently challenging the underlying liability.                     
          Accordingly, respondent did not abuse his discretion and is not             
          estopped from proceeding with the proposed collection action.               
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  











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