- 35 - 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, 214-215Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011