James and Katie Gill - Page 6




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          refund check.  Accordingly, by notice dated March 22, 2002,                 
          respondent determined a deficiency in petitioners’ income tax for           
          1999 in the amount of $577.                                                 
          Discussion6                                                                 
               The parties agree that petitioners’ correct tax liability              
          for 1999 is $4,256, which is the amount reported by petitioners             
          as their tax liability on their 1999 Form 1040A.  Nevertheless,             
          petitioners contend that they should not be liable for any                  
          deficiency.  At trial, petitioner James Gill expressed his view             
          as follows:                                                                 
                    I’m very frustrated.  I feel that I have been                     
               harassed.  I have tried over the years to do my own                    
               taxes correctly and I did do them correctly in this                    
               case, Your Honor.                                                      
                    If the Government makes a mistake, my feelings are                
               they ought to write it off.  That was their –- I don’t                 
               have the money, I have more debt problems; I have, you                 
               know, a need for the money.  The situation has changed                 
               since 1999 and when I filed this return.                               
          Essentially, petitioners seek to estop respondent from pursuing             
          the present action against them.                                            
               Although the doctrine of equitable estoppel is applicable              
          against the Commissioner, it is well established that the                   
          doctrine is applied against the Commissioner with the utmost                
          caution and restraint.  Schuster v. Commissioner, 312 F.2d 311,             


               6  We need not decide whether sec. 7491, concerning burden             
          of proof, applies to the present case because the facts are not             
          in dispute and the issue is one of law.  See Higbee v.                      
          Commissioner, 116 T.C. 438 (2001).                                          





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