- 3 - On November 21, 1995, petitioners sent a letter to the Problem Resolution Office of the Internal Revenue Service concerning the status of their request for refund on their additional amended income tax return filed for 1994. The Problem Resolution caseworker replied, in a letter dated June 11, 1996, that the refund had been allowed and indicated that it would be used to offset petitioners' 1995 tax account. The letter further indicated that "Since only $1,314 of the $1,682 [refund] from 1994 was needed to full pay the 1995 account, you will also receive a refund for 1995 of $371.54." OPINION We must decide whether the letter from respondent's caseworker estops respondent from determining a deficiency for petitioners' 1995 Federal income tax. Petitioners assert that because the letter indicated that only $1,314 was needed to "full pay" petitioners' 1995 Federal tax liability, respondent has forfeited the right to determine a deficiency for petitioners' 1995 Federal income tax. Respondent contends that the doctrine of equitable estoppel should not be applied in this case. We agree with respondent. The doctrine of equitable estoppel is applied against the Government only with utmost caution and restraint. See Kronish v. Commissioner, 90 T.C. 684, 695 (1988). Taxpayers must prove at least the following elements before courts will applyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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