Beverly Gordon - Page 36

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          (1981) (quoting Estate of Emerson v. Commissioner, 67 T.C. 612,             
          617-618 (1977)), affd. 810 F.2d 209 (D.C. Cir. 1987).  A no-                
          change letter does not necessarily provide the necessary founda-            
          tion for applying that doctrine against respondent.  See Opine              
          Timber Co. v. Commissioner, 64 T.C. 700, 712 (1975), affd.                  
          without published opinion 552 F.2d 368 (5th Cir. 1977); Lawton v.           
          Commissioner, 16 T.C. 725, 726-727 (1951).                                  
               The following factors must be established in order to apply            
          the doctrine of equitable estoppel:  (1) There must be a false              
          representation or wrongful misleading silence; (2) the error must           
          be in a statement of fact, and not in an opinion or a statement             
          of law; (3) the person claiming estoppel must be ignorant of the            
          true facts; and (4) that person must be adversely affected by the           
          acts or statements of the person against whom estoppel is claim-            
          ed.  Estate of Emerson v. Commissioner, supra at 617-618.                   
               Mr. Gordon has failed to show that the IRS revenue agent's             
          oral statement to him in October 1988 that his 1986 net trading             
          loss was properly reported in the 1986 return as an ordinary loss           
          and the IRS' issuance of the no-change letter in May 1989 were              
          misrepresentations of fact, and not mistakes of law resulting               
          from a failure to take into account the change in the law in 1984           
          that Congress believed it was making with respect to the charac-            
          terization of gains and losses from the option transactions of              
          options market makers when it enacted section 1256(f)(3)(A) into            






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