Terence M. Bennett - Page 13

                                                - 13 -                                                  
            F.2d 209 (D.C. Cir. 1987).  Two of these requirements are: (1)                              
            The existence of a false representation or wrongful misleading                              
            silence by the party against whom the doctrine is applied; and                              
            (2) the party claiming the benefits of estoppel must be adversely                           
            affected by the acts or statements of the other party.  Kronish                             
            v. Commissioner, supra at 695 & n.10; Estate of Emerson v.                                  
            Commissioner, supra at 617-618.10                                                           
                  The record contains no evidence of either requirement.                                
            First, Revenue Agent Rigney did not mislead petitioner into                                 
            executing the Form 872.  Revenue Agent Rigney testified that he                             
            told Mr. Asselin in February 1993 that the period of limitations                            
            was scheduled to expire on June 30, 1993, and he still had                                  
            additional work to complete with respect to petitioner's civil                              
            investigation.  Without the execution of a Form 872 extending the                           
            period of limitations, respondent would have issued a notice of                             
            deficiency, and petitioner would have lost the opportunity for a                            
            settlement conference with respondent's Appeals Office.  At this                            
            time, Revenue Agent Rigney had no intention to refer petitioner's                           
            case back to respondent's CID.  Indeed, Revenue Agent Rigney                                
            testified that it was not until July or August 1993 that he                                 


                  10The remaining requirements are:  (1) The error must be in                           
            a statement of fact and not in an opinion or statement of law;                              
            (2) the party claiming the benefits of estoppel must be ignorant                            
            of the true facts; and (3) the party claiming the benefit of                                
            estoppel must reasonably rely on the acts or statements of the                              
            one against whom estoppel is claimed.  Kronish v. Commissioner,                             
            90 T.C. 684, 695 n.10 (1988).                                                               




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