- 6 - Leaving aside any question as to the sufficiency of petitioners' assertion by way of the stipulated, self-serving testimony of Mrs. Keel as to what she was told by an IRS representative, such erroneous advice does not bar the correction by respondent of a mistake of law on the ground of equitable estoppel. Automobile Club of Michigan v. Commissioner, 353 U.S. 180 (1957); Miller v. United States, 949 F.2d 708, 712 (4th Cir. 1991); Norfolk S. Corp. v. Commissioner, 104 T.C. 13, 59-61 (1995), supplemented by 104 T.C. 417 (1995). Likewise, the granting of a refund does not preclude respondent from issuing a notice of deficiency.3 Gordon v. United States, 757 F.2d 1157, 1160 (11th Cir. 1985); Beer v. Commissioner, 733 F.2d 435, 437 (6th Cir. 1984), affg. T.C. Memo. 1982-735; Warner v. Commissioner, 526 F.2d 1, 2 (9th Cir. 1975), affg. T.C. Memo. 1974-243. The taxpayers in Gordon v. United States, supra, and in Warner v. Commissioner, supra, made the same argument as petitioners; i.e., that respondent should not be able to make refunds and then demand repayment. To this the Courts of Appeals replied: "Alas, the Commissioner, confronted by millions of returns and an economy which repeatedly must be nourished by quick refunds, must first pay and then look. This necessity cannot serve as the basis of an 'estoppel.'" Gordon v. 3 Respondent also has the option of pursuing recovery of an erroneous refund in a civil action brought within, generally, 2 years of making the refund. Secs. 7405, 6532(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011