- 15 - We hold that the period applicable to the carrying forward of petitioners' 1975-NOL expired on December 31, 1980, and was not affected or suspended by petitioner's bankruptcy proceeding. Petitioners argue that respondent should be equitably estopped from asserting the bar of the 5-year period, as applicable to 1975, on the carryforward of petitioner's 1975-NOL. Petitioners' estoppel argument is based on alleged misrepresentations made to petitioners by respondent's representatives regarding whether the 15-year carryforward period available under section 172, as amended in 1981, applied to petitioner's 1975-NOL and on respondent’s failure to disallow petitioners' claimed carryforward deductions relating to the 1975-NOL as claimed on petitioners' joint Federal income tax returns for 11 years (namely, for 1978 through 1988). Equitable estoppel against the Government is considered an extraordinary remedy and is applied with the "utmost caution and restraint". The Board of County Commrs. v. Isaac, 18 F.3d 1492, 1499 (10th Cir. 1994); Estate of Emerson v. Commissioner, 67 T.C. 612, 617 (1977). Generally, equitable estoppel is unavailable against the Government without a showing of at least the following elements by the claimant: (1) The Government made false representations with regard to material facts; (2) the claimant was ignorant of the true facts; (3) the claimant reasonably relied on the Government's misrepresentations; and (4) the claimant relied onPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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