- 7 - decedent's partnership item. Petitioner's argument is unsupported by law and is without merit. There is no relationship between the estate tax liability and the amount at issue here, although the estate tax return is relevant for reasons discussed below. Petitioner also argues that respondent is estopped from assessing a computational adjustment in respect of the 1982 return because respondent had previously issued a refund for 1982. A refund, however, is not binding on respondent in the absence of a closing agreement, valid compromise, or final adjudication. Meridian Mut. Ins. Co. v. Commissioner, 44 T.C. 375, 379 (1965), affd. 369 F.2d 508 (7th Cir. 1966). Petitioner relies on Schuster v. Commissioner, 312 F.2d 311 (9th Cir. 1962), affg. in part and revg. in part 32 T.C. 998 (1959), affg. in part and revg. in part First W. Bank & Trust Co. v. Commissioner, 32 T.C. 1017 (1959), to support her assertion of estoppel. But the doctrine of 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)). In Schuster, a bank received information of a determination by the Commissioner that the corpus of a trust was not to be included in a taxpayer's gross estate. The bank, in reliance on the information, distributed the trust corpus. The Commissioner subsequently mailed a notice of transferee liability to the bank,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011