Josef and Marie Lah - Page 11

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          for installment payments that apprised it of the allocations                
          between tax and interest proposed by the Commissioner).                     
               Moreover, respondent’s application of petitioners’ payments            
          was reasonable.  The letter that confirmed the installment                  
          agreement between petitioners and respondent is the executed                
          written installment agreement.8  Sec. 301.6159-1(b)(2), Proced. &           
          Admin. Regs.  We found the installment agreement to be silent as            
          to whether petitioners were able to designate the application of            
          the payments to certain years.  As a result, it was reasonable              
          for respondent to apply the payments to the TFRP liabilities                
          first, pursuant to its own procedures.  See Rev. Rul. 73-305,               
          1973-2 C.B. 43.                                                             
               Further, the Court of Appeals for the Sixth Circuit, to                
          which this case would be appealable but for section 7463, has               
          held that estoppel against the Government also requires “some               
          affirmative misconduct by a government agent”.  United States v.            
          Guy, 978 F.2d 934, 937 (6th Cir. 1992).9  The evidence does not             

               8  Sec. 301.6159-1(b)(2), Proced. & Admin. Regs. provides,             
          in relevant part:                                                           
               (2) Form of installment agreement.  A written installment              
               agreement may take the form of * * * a written confirmation            
               of an agreement entered into by the taxpayer and the                   
               director that is mailed or personally delivered to the                 
               taxpayer.                                                              
               9  To define “affirmative misconduct”, the Court of Appeals            
          for the Sixth Circuit stated that the party claiming equitable              
          estoppel against the Government must establish “%more than mere             
          negligence, delay, inaction, or failure to follow an internal               





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