- 8 - 907 F.2d 25 (2d Cir. 1990), affg. T.C. Memo. 1989-516; Mecom v. Commissioner, 101 T.C. 374, 391 (1993), affd. without published opinion 40 F.3d 385 (5th Cir. 1994); Estate of Camara v. Commissioner, 91 T.C. 957, 961-962 (1988). We do not find, as petitioner contends, that respondent's actions manifested an intent to terminate the Form 872-A or that respondent affirmatively misrepresented any fact concerning the receipt and execution of the Form 872-A. Petitioner makes an unfounded assumption and the facts point to the opposite conclusion. Respondent's Manhattan District Office solicited the Form 872-A while respondent's Newark District Office solicited the subsequent Forms 872. The clear implication is that the Newark District Office did not know that the Manhattan District Office had obtained the executed Form 872-A. There has been no evidence presented to indicate that the Form 872-A was in the Newark District Office file and that respondent affirmatively misrepresented this fact. The statement made by respondent's representative that the Form 872-A was "probably lost in the mail" does not indicate an affirmative misrepresentation of fact but rather is an indication of that person's opinion or guess as to the fate of the Form 872-A. Consequently, we find that petitioner's misconception was not the product of any affirmative misrepresentation of fact or wrongful misleading silence by respondent.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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