- 11 - Boulez v. Commissioner, 76 T.C. 209, 214-215 (1981), affd. 810 F.2d 209 (D.C. Cir. 1987). One of the elements required for the application of the doctrine of equitable estoppel is that the person claiming its benefit must be adversely affected by the acts or statements of the person against whom an estoppel is claimed. See Kronish v. Commissioner, 90 T.C. 684, 695-697 (1988); Century Data Sys., Inc. v. Commissioner, 86 T.C. 157, 165 (1986). There is no detrimental reliance on the part of a taxpayer who, pursuant to the execution of Form 4549, simply pays a tax that was lawful for the taxpayer to pay. Hudock v. Commissioner, supra at 364. An additional element required for the application of the doctrine of equitable estoppel is a false representation or wrongful misleading silence by the one against whom estoppel is claimed. Petitioner claims that respondent's agent falsely represented that the adjustments made on the Form 4549 constituted petitioner's total tax liability. Assuming that Agent Coar made such a representation, it must be considered in light of Agent Coar's authority and the scope of Agent Coar's examination. Agent Coar's examination involved petitioner's individual taxes. In issue herein are so-called affected items consisting of additions to tax for negligence and overvaluation. See N.C.F. Energy Partners v. Commissioner, supra at 744-746. The TEFRA rules, codified at sections 6221 through 6233, segregate adjustments attributable to an individual's interest in aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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