- 29 - 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 thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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