- 8 - against the Government also requires a showing of “affirmative misconduct”. Rowden v. Warden, 89 F.3d 536, 537 (8th Cir. 1996). Petitioners present their estoppel case as follows: (1) Cooper made false representations to petitioners when she represented that the tax liabilities for 1983 would be abated and that there would be no more levies if petitioners signed the installment agreement; (2) Cooper’s representations were misstatements of fact, not of law; (3) petitioners believed that the IRS was going to abate the tax liability for 1983, and, thus, there would be no levies or collection so long as the installment agreement was in effect; (4) petitioners entered into the installment agreement for the 1981 and 1982 tax liabilities based on their reliance on the representations of Cooper; and (5) petitioners relied on Cooper’s statements to their detriment because, absent the representation, petitioners would have included 1983 in the installment agreement and there would be no levy on the pension plan assets. Respondent argues that petitioners have not satisfied the traditional requirements of estoppel, much less shown affirmative misconduct, because there was no reasonable reliance and no detriment to petitioners. Petitioners’ claim of reliance on Cooper’s statements is not reasonable. Petitioners were aware that, even though the 1983 tax liability was discharged in bankruptcy, the IRS retained the right to levy on their exempt assets and that there was a lienPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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