- 8 - silence. Moreover, we conclude that it was unreasonable as a matter of law for petitioners to base their $80,000 refund claim on the lack of a warning on respondent’s website regarding slavery reparations claims. See, e.g., Johnson v. Commissioner, T.C. Memo. 1993-272 (paying a refund to the taxpayers did not estop the Commissioner from later determining a deficiency in the same year on the ground that the transaction underlying the taxpayers’ refund claim was a sham). We likewise conclude that the special agent’s remarks to petitioners, that they would not be required to repay the refund, do not warrant the application of equitable estoppel against respondent. The special agent’s statement was not a statement of fact but rather was one of law. Further, we are not convinced that petitioners suffered a detriment as a result of the special agent’s statement. See, e.g., Nolte v. Commissioner, T.C. Memo. 1995-57 (holding taxpayers did not suffer any significant detriment as the result of Commissioner’s earlier erroneous statement that tax liability for years in question was “paid in full” because taxpayers would have been liable for deficiencies whether or not Commissioner made the misstatement), affd. by unpublished opinion 99 F.3d 1146 (9th Cir. 1996).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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