- 18 - equitable powers. Commissioner v. McCoy, 484 U.S. 3, 7 (1987). However, while we cannot expand our jurisdiction through equitable principles, we can apply them in the disposition of cases that are within our jurisdiction. See Woods v. Commissioner, 92 T.C. 776, 784-787 (1989), and cases cited therein. The redetermination of a deficiency, addition to tax, or penalty determined by respondent is within our jurisdiction. Secs. 6213(a), 6665, 6671. Accordingly, in deciding this issue, we are not expanding on our statutory jurisdiction. "[T]he doctrine of equitable estoppel is applied against the Government `with the utmost caution and restraint.'" Kronish v. Commissioner, 90 T.C. 684, 695 (1988) (quoting Boulez v. Commissioner, 76 T.C. 209, 214-215 (1981), affd. 810 F.2d 209 (D.C. Cir. 1987)). There are several conditions that must be satisfied before the doctrine is applied: (1) A false representation or wrongful, misleading silence by the party against whom the opposing party seeks to invoke the doctrine; (2) error in a statement of fact and not in an opinion or statement of law; (3) ignorance of the facts; (4) reasonable reliance on the acts or statements of the one against whom estoppel is claimed; and (5) adverse effects of the acts or statements of the one against whom estoppel is claimed. See Kronish v. Commissioner, supra at 695, and cases cited therein. Petitioners assert that they were adversely affected in this case by respondent's failure promptly to notify them of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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