- 27 - Michael ex rel. Michael v. Lullo, 173 F.3d 503 (4th Cir. 1999); Trust Servs. of Am. v. United States, 885 F.2d 561 (9th Cir. 1989); Estate of Brocato v. Commissioner, T.C. Memo. 1999-424; Law v. United States, 51 AFTR 2d 1343, 83-1 USTC par. 13,514 (N.D. Cal. 1982). The format of the estate tax closing letter, as described or quoted in these cases, is to state that the estate tax return has either been accepted as filed or after adjustment to which the taxpayer agreed, to recite that the letter is not a closing agreement under section 7121, and to state that “we will not reopen this case” unless the three-prong test set forth in the revenue procedure currently in effect is satisfied, either by quoting the test or citing the revenue procedure. Petitioner fails to satisfy the strict standard for equitable estoppel against the Government for at least three reasons. First, as a threshold matter, there is no evidence of ongoing active misrepresentations, a pervasive pattern of false promises, or any affirmative misconduct by respondent. See Purer v. United States, supra at 278. Second, however the statements in the no change letter might be characterized, petitioner has not demonstrated reliance on the no change letter in changing her behavior to her detriment. In order to satisfy the requirement of reliance, petitioner must show that she changed her behavior as a result of the allegedPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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