Beverly Gordon - Page 35

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               Equitable Estoppel                                                     
               Mr. Gordon argues that respondent is equitably estopped from           
          claiming that petitioners are not entitled to the claimed 1988              
          NOL deduction because his 1986 net trading loss constitutes a               
          capital, and not an ordinary, loss.  To support his argument, Mr.           
          Gordon contends that (1) the IRS initiated an examination of the            
          Gordons’ 1986 return in August 1987; (2) the revenue agent                  
          conducting that examination orally informed Mr. Gordon in October           
          1988 that that loss was properly characterized as an ordinary               
          loss; (3) the IRS issued a no-change letter to the Gordons in May           
          1989 that formally notified them that the examination of their              
          1986 return showed that "no change" was necessary in the tax                
          reported in that return; and (4) he arranged his affairs to his             
          detriment in reliance on that oral statement and that no-change             
          letter.  Respondent contends that Mr. Gordon has not established            
          the elements necessary to warrant application of the doctrine of            
          equitable estoppel.  We agree with respondent.                              
               "Equitable estoppel is a judicial doctrine that 'precludes a           
          party from denying his own acts or representations which induced            
          another to act to his detriment.'"  Hofstetter v. Commissioner,             
          98 T.C. 695, 700 (1992) (quoting Graff v. Commissioner, 74 T.C.             
          743, 761 (1980), affd. 673 F.2d 784 (5th Cir. 1982)).  That                 
          doctrine is applied against respondent "'with the utmost caution            
          and restraint.'"  Boulez v. Commissioner, 76 T.C. 209, 214-215              






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