Josef and Marie Lah - Page 10

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          taxpayer from the acts or statements of the one against whom                
          estoppel is claimed.  Norfolk S. Corp. v. Commissioner, 104 T.C.            
          13, 60 (1995), affd. 140 F.3d 240 (4th Cir. 1998).  If any one of           
          these elements is not present, equitable estoppel is not                    
          appropriate.                                                                
               As discussed below, we sustain respondent’s determinations             
          to proceed with the proposed levy action because equitable                  
          estoppel is not appropriate in these cases.                                 
               Estoppel requires a finding that the taxpayer relied on the            
          Government’s representations and suffered a detriment because of            
          that reliance. Id.  Regardless of the designation of the payment,           
          petitioners paid $1,000 per month on tax liabilities that they              
          were legally obligated to pay.  Making payments on a legally due            
          tax does not constitute detrimental reliance.  Hudock v.                    
          Commissioner, 65 T.C. 351, 364 (1975).                                      
               Further, each monthly payment voucher enclosed with                    
          petitioners’ payments listed “CIV PEN 06-30-84", indicating that            
          each payment was going toward the TFRP liabilities.  Regardless             
          of whether petitioners disputed the TFRP liabilities, petitioners           
          were aware that each monthly payment was being applied to the               
          TFRP liabilities by their attachment of the designated payment              
          voucher to each payment.  See Estate of Baumgardner v.                      
          Commissioner, 85 T.C. 445, 460 (1985) (holding that respondent              
          properly allocated payments because the taxpayer received bills             






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