- 6 - petitioner has not shown all the elements necessary to invoke the doctrine of equitable estoppel. We agree with respondent. It is well established that the estoppel doctrine should be applied against the Commissioner with the utmost caution and restraint. Schuster v. Commissioner, 312 F.2d 311, 317 (9th Cir. 1962), affg. in part and revg. in part 32 T.C. 998 (1959); Boulez v. Commissioner, 76 T.C. 209, 214-215 (1981), affd. 810 F.2d 209 (D.C. Cir. 1987); Estate of Emerson v. Commissioner, 67 T.C. 612, 617 (1977). The following elements must be shown before equitable estoppel will be applied against the Government: (1) A false representation or wrongful misleading silence by the party against whom estoppel is claimed; (2) error in a statement of fact and not in an opinion or statement of law; (3) ignorance of the true facts; (4) reasonable reliance on the acts or statements of the one against whom estoppel is claimed; and (5) a resulting detriment to the party relying on the false statement or misleading silence. Norfolk S. Corp. v. Commissioner, 104 T.C. 13, 60 (1995); see also Lignos v. United States, 439 F.2d 1365, 1368 (2d Cir. 1971); Hudock v. Commissioner, 65 T.C. 351, 363 (1975). Additionally, the Court of Appeals for the Third Circuit, to which this case is appealable, has held that "a litigant must prove 'affirmative misconduct' to succeed on an estoppel claim against the government." United States v. Asmar, 827 F.2d 907, 912 (3d Cir. 1987). The burden of proof is on thePage: Previous 1 2 3 4 5 6 7 8 9 Next
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