- 5 - Motion to Dismiss on Ground of Estoppel Petitioner's first motion to dismiss is predicated on the argument that respondent is collaterally and equitably estopped from issuing a notice of deficiency due to the earlier issuance of the no-change letter to petitioner for the same tax years. Petitioner asks that the notice of deficiency be cancelled. Petitioner has not directly raised any issue as to the impropriety, under section 7605(b), of a second examination after the issuance of the reopening letter. The record does not indicate whether a second examination occurred.2 In any event, even if there was a second examination, the record provides no basis for concluding that there was any impropriety. United States v. Powell, 379 U.S. 48 (1964). Petitioner's emphasis on the absence of "new information", obtained by respondent after the issuance of the no-change letter suggests that he may be seeking support for his claim on the basis that respondent violated her reopening policy as set forth in Rev. Proc. 85-13, 1985-1 C.B. 514.3 We are not so persuaded. We think the reasons 2 If there was no second examination, no violation of sec. 7605(b) occurred. E.g., Hough v. Commissioner, 882 F.2d 1271 (7th Cir. 1989), affg. T.C. Memo. 1986-229; Digby v. Commissioner, 103 T.C. 441 (1994). 3 Sec. 4, entitled "POLICY", states: .01 The Internal Revenue Service will not reopen any case closed after examination by a district office or service center to make an adjustment unfavorable to the taxpayer unless: (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011