James O. Reuben - Page 3




                                        - 3 -                                         
          petitioner not to report it.  Petitioner testified that he knew             
          that this was improper, but he felt that the agent was doing him            
          a favor.                                                                    
               Petitioner contends that respondent is estopped from                   
          asserting a deficiency or an addition to tax based on the                   
          inclusion of $10,365 in death benefits, $38 in dividends, and $12           
          of interest that petitioner failed to report in his gross income.           
          Petitioner’s theory is that, since respondent assisted petitioner           
          in filing his return by providing him with the third-party                  
          information available to respondent as of November 1998, if there           
          was taxable income that petitioner failed to report, it is                  
          respondent’s fault, and, therefore, respondent should be                    
          precluded from asserting a deficiency or addition to tax.  We               
          disagree.                                                                   
               The traditional elements of estoppel are:  (1) A                       
          misrepresentation or omission of a material fact by another                 
          party; (2) a reasonable reliance on that misrepresentation or               
          omission; and (3) a detriment to the other party.  See United               
          States v. Asmar, 827 F.2d 907, 912 (3d Cir. 1987).                          
               Assuming that the Internal Revenue Service Center employee             
          gave petitioner incorrect advice (which has a decidedly hollow              
          ring), petitioner may not claim estoppel against respondent based           
          on that advice.  Even if we assume that misinformation was given            
          and that petitioner relied on that information, petitioner                  






Page:  Previous  1  2  3  4  Next

Last modified: May 25, 2011