The Connell Business Company, et al. - Page 14

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          deficiency was issued to petitioners within 6 years after they              
          filed their 1995 and 1996 returns, we conclude that the notice of           
          deficiency was timely, and respondent is not barred on this                 
          ground from assessing the deficiencies at issue.                            
          2.   Estoppel, Admission, and Res Judicata Theories                         
               Petitioners argue that respondent should be estopped from              
          asserting deficiencies with respect to 1995, 1996, and 1997                 
          because he prematurely assessed deficiencies for these years and            
          then abated most, but not all,12 of the assessments.  Petitioners           
          contend that the abatement of the assessments equitably estops              
          respondent from claiming that the abated amounts are owed and/or            
          that respondent has, by virtue of the abatements, admitted that             
          these amounts are not owed.  Petitioners further claim that                 
          respondent’s assertion of the deficiencies is precluded under the           
          doctrines of res judicata and collateral estoppel.                          
               Petitioners’ argument that respondent’s premature assessment           
          and subsequent abatement of the deficiencies at issue gives rise            
          to equitable estoppel is factually and legally baseless.                    
          Petitioners have shown no detrimental reliance, and, in any                 
          event, “the abatement of an assessment is not a binding action              


               12 Petitioners seek to make something of the fact that                 
          respondent failed to abate $1.09 of the assessment against The              
          Connell Business Co. for 1997.  However, respondent has conceded            
          all deficiencies determined with respect to the petitioner                  
          trusts, including that determined for The Connell Business Co. in           
          1997.                                                                       





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