Taylor Miller - Page 29




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          had already received the notice when she accepted custody of her            
          nephew, petitioner’s claim of reliance on the no change letter is           
          not credible.  See Levin v. Commissioner, T.C. Memo. 1990-226               
          (taxpayer who executed two extensions of the period of                      
          limitations did not establish reliance on a closing document).              
               Third, any reliance on the no change letter was not                    
          reasonable.  A no change letter, as distinguished from a closing            
          agreement under section 7121, does not resolve a tax controversy            
          with finality.  See Opine Timber Co. v. Commissioner, 64 T.C.               
          700, 712-713 (1975), affd. without published opinion 552 F.2d 368           
          (5th Cir, 1977); Kiourtsis v. Commissioner, T.C. Memo. 1996-534;            
          Fitzpatrick v. Commissioner, T.C. Memo. 1995-548.  Even after she           
          received the no change letter, petitioner was aware that the 1992           
          tax year remained open.  Petitioner signed three consents to                
          extend the time to assess tax (Form 872).  The period of                    
          limitations on assessment for the 1992 tax year had not expired             
          at the time respondent issued the notice of deficiency in this              
          case.  Accordingly, even if petitioner did rely on the no change            
          letter, her reliance was not reasonable.                                    
               We deny petitioner’s claim for the application of equitable            
          estoppel against respondent to invalidate the statutory notice.             
               Issue 2:  Amount and Character of Allowable Deductions                 
               The validity of respondent’s statutory notice having been              
          upheld, the conclusion follows, as petitioner concedes, that the            





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