John Allen and Glenna A. Lyle - Page 4




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          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 Norfolk S. Corp. v. Commissioner,           
          104 T.C. 13, 60 (1995), supplemented by 104 T.C. 417 (1995).                
               Petitioners have failed to establish that all of the                   
          elements for equitable estoppel have been satisfied.  The                   
          correspondence which petitioner relies on to support his                    
          contention simply described how the allowed refund for 1994 would           
          be applied to petitioners' tax account.  The correspondence did             
          not make any representation that petitioners owed no additional             
          1995 tax.  Therefore, petitioners have failed to establish that             
          there has been a false representation by respondent.                        
               Moreover, it was not reasonable for petitioners to rely on             
          the letter from respondent's caseworker for the proposition that            
          petitioners owed no additional income tax for 1995.  The letter             
          was written in response to petitioners' request for refund on an            
          amended income tax return filed for 1994.  The letter does not              
          purport to be a determination regarding petitioners' 1995 return            





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