- 9 - Petitioner has also failed to prove the fourth and fifth elements of equitable estoppel. Petitioner claims that he signed the three Forms 872 in reliance on respondent's statements that the Form 872-A had not been received by the Newark District Office. However, petitioner testified that he read the Form 872-A before signing it, including the methods described therein for revoking the form. If petitioner intended to limit his extension of the assessment period, he could have done so by executing a Form 872-T at any time. See Grunwald v. Commissioner, 86 T.C. 85, 88-89 (1986). In light of the clear and unambiguous terms set out in the Form 872-A providing for unilateral termination of the extension, we do not find that the acts of reliance claimed by petitioner involve the level of detriment necessary to bring this case within the category of those "rare instances" where respondent should be estopped. See Estate of Emerson v. Commissioner, 67 T.C. at 618. "Such [equitable estoppel] claims cannot be sustained in the face of the taxpayers' own failure to act as required by the Form 872-A procedure." Stenclik v. Commissioner, supra at 28. Consequently, respondent is not estopped from relying on the Form 872-A signed by petitioner. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011