- 39 - Emerson v. Commissioner, 67 T.C. 612, 617 (1977)), affd. 810 F.2d 209 (D.C. Cir. 1987), and it applies only if: (1) There is a false representation or wrongful misleading silence; (2) the error is in a statement of fact and not in an opinion or a statement of law; (3) the person claiming the benefits of estoppel is ignorant of the true facts; and (4) the person claiming the benefits of estoppel is adversely affected by the acts or statements of the person against whom an estoppel is claimed, Estate of Emerson v. Commissioner, supra at 617-618; Foam Recycling Associates v. Commissioner, T.C. Memo. 1992-645, affd. without published opinion 159 F.3d 1346 (2d Cir. 1998). In the Ninth Circuit, in which this case is appealable, “the aggrieved party must also demonstrate ‘affirmative conduct going beyond mere negligence’ and “that the government’s act will cause a serious injustice and the imposition of estoppel will not unduly harm the public interest”. Purcell v. United States, 1 F.3d 932, 939 (9th Cir. 1993) (quoting S & M Inv. Co. v. Tahoe Regl. Planning Agency, 911 F.2d 324, 329 (9th Cir. 1990)). “Affirmative misconduct involves ‘“ongoing active misrepresentations” or a “pervasive pattern of false promises”’ as opposed to ‘an isolated act of providing misinformation.’” Id. at 940 (quoting S & M Inv. Co. v. Tahoe Regl. Planning Agency, supra at 329 (quoting Watkins v. United States Army, 875 F.2d 699, 708 (9th Cir. 1990))).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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