Lloyd L. Barber, Jr. and Janet M. Barber - Page 6




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               Equitable estoppel2 is a judicial doctrine that precludes a            
          party from denying that party's own acts or representations which           
          induced another to act to his or her detriment.  See Hofstetter v.          
          Commissioner, 98 T.C. 695, 700 (1992).  The doctrine of equitable           
          estoppel is applied against the Government only with utmost caution         
          and restraint.  See, e.g., Kronish v. Commissioner, 90 T.C. 684,            
          695 (1988).  The burden of proof is on the party claiming estoppel          
          against the Government. See Rule 142(a); Hofstetter v.                      
          Commissioner, supra at 701.                                                 
               Petitioners have failed to carry their burden.  It is of no            
          import that the 1994 deduction for loss arising from Legal Search           
          was accepted by the IRS.  Each tax year is a separate matter.  See,         
          e.g., Commissioner v. Sunnen, 333 U.S. 591, 597 (1948); Harrah's            
          Club v. United States, 228 Ct. Cl. 650, 661 F.2d 203, 205 (1981).           
          Thus, petitioners' estoppel argument is without merit.                      





               2    Taxpayers must prove at least the following elements              
          before courts will apply equitable estoppel against the                     
          Government: (1) A false representation or wrongful, misleading              
          silence by the party against whom the estoppel is claimed; (2) an           
          error in a statement of fact and not in an opinion or statement             
          of law; (3) the taxpayer's ignorance of the true facts; (4) the             
          taxpayer's reasonable reliance on the acts or statements of the             
          one against whom estoppel is claimed; and (5) adverse effects               
          suffered by the taxpayer from the acts or statements of the one             
          against whom estoppel is being claimed.  See, e.g., Norfolk S.              
          Corp. v. Commissioner, 104 T.C. 13, 60, supplemented by 104 T.C.            
          417 (1995), affd. 140 F.3d 240 (4th Cir. 1998).                             




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