- 23 - The handbook, in relevant part, reads: If you are comparing a Subchapter S Corporation to the stock of similar firms that are publicly traded, the net income of the former must be adjusted for income taxes using the corporate tax rates applicable for each year in question, and certain other items, such as salaries. These adjustments will avoid distortions when applying industry ratios such as price to earnings. Both statements lack analytical support, and we refuse to interpret them as establishing respondent’s advocacy of tax- affecting as a necessary adjustment to be made in applying the discounted cash-flow analysis to establish the value of an S corporation. Even if we were to interpret the excerpts as petitioners do, petitioners do not claim that the excerpts have the force of a regulation or ruling, nor have they shown the type of detrimental reliance that might work an equitable estoppel against respondent. “Equitable estoppel is a judicial doctrine that precludes a party from denying his own acts or representations which induced another to act to his detriment. Estoppel is applied against the Commissioner with utmost caution and restraint.” Hofstetter v. Commissioner, 98 T.C. 695, 700 (1992) (internal citations and quotation marks omitted). In any event: “Detrimental reliance on the part of the party seeking to invoke estoppel is a key condition.” Id. Petitioners have failed to prove that they relied on either the guide or the handbook in anyPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011