- 25 - Heckler v. Community Health Servs., 467 U.S. 51, 60 (1984)). The doctrine of equitable estoppel is applied against respondent “with utmost caution and restraint.” Schuster v. Commissioner, 312 F.2d 311, 317 (9th Cir. 1962), affg. 32 T.C. 998 (1959), affg. in part and revg. in part First W. Bank & Trust Co. v. Commissioner, 32 T.C. 1017 (1959). Estoppel may be successfully invoked against the Commissioner only where a taxpayer would otherwise sustain such a “profound and unconscionable injury in reliance on the Commissioner’s action as to require, in accordance with any sense of justice and fair play, that the Commissioner not be allowed to inflict the injury.” Id. This rarely happens; the policy in favor of the efficient collection of public revenue usually outweighs the customary policy considerations that justify invocation of equitable estoppel as between private litigants. See id. In addition to the traditional elements of equitable estoppel, the Court of Appeals for the Ninth Circuit requires the party seeking to apply the doctrine against the Government to prove affirmative misconduct. See Purcell v. United States, 1 F.3d 932, 939 (9th Cir. 1993), and cases cited. The aggrieved party must prove “‘affirmative misconduct going beyond mere negligence’” and, even then, “‘estoppel will only apply where the government’s wrongful act will cause a serious injustice, and the public’s interest will not suffer undue damage by imposition ofPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011