Taylor Miller - Page 25




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          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 of             





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