Union Texas International Corporation, f.k.a. Union Texas Petroleum Corporation - Page 11

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          the party against whom the estoppel is claimed, and as a                     
          consequence of that reliance must be adversely affected by the               
          acts or statements of the one against whom an estoppel is                    
          claimed; and (4) the party claiming the benefits of estoppel must            
          not know the true facts.  Century Data Sys., Inc. v.                         
          Commissioner, 86 T.C. 157, 165 (1986); Graff v. Commissioner,                
          supra at 761; Steiner v. Commissioner, T.C. Memo. 1995-122.  The             
          party affirmatively asserting an estoppel has the burden of                  
          proving all the essential elements constituting the estoppel.                
          Steiner v. Commissioner, supra.  Accordingly, respondent bears               
          the burden of proving each of the above elements.  Rules 39,                 
          142(a).                                                                      
               1. Misrepresentation or Misleading Silence                              
               To sustain equitable estoppel, respondent must show that                
          Energy took "some action" which misled respondent.  Century Data             
          Sys. Inc. v. Commissioner, supra at 166.  Respondent contends                
          that Energy made false representations or wrongful misleading                
          silences, when it did not tell respondent that New Petroleum had             
          merged out of existence, and that its officers had no power to               
          act.  Respondent further contends that the representations were              
          part of a pattern of false representations and misleading                    
          silences that caused respondent to believe mistakenly that the               
          period of limitations had been extended.  Respondent argues that             
          these material misrepresentations were bolstered by Energy's                 
          continuing relations with respondent's Appeals officers, where 25            




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