Christine A. Dormer - Page 17

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          Commissioner, 120 T.C. 109, 112 (2003); Hofstetter v.                       
          Commissioner, 98 T.C. 695, 700 (1992).  In tax contexts,                    
          equitable estoppel will be applied against the Government only              
          with the utmost caution and restraint and upon the establishment            
          of prerequisite elements:  (1) A false representation or                    
          wrongful, misleading silence by the party against whom the                  
          estoppel is claimed; (2) an error in a statement of fact and not            
          in an opinion or statement of law; (3) ignorance of the true                
          facts by the taxpayer; (4) reasonable reliance by the taxpayer on           
          the acts or statements of the one against whom estoppel is                  
          claimed; and (5) adverse effects suffered by the taxpayer from              
          the acts or statements of the one against whom estoppel is                  
          claimed.  Wilkins v. Commissioner, supra at 112; Norfolk S. Corp.           
          v. Commissioner, 104 T.C. 13, 60 (1995), supplemented by 104 T.C.           
          417 (1995), affd. 140 F.3d 240 (4th Cir. 1998); see also Lignos             
          v. United States, 439 F.2d 1365, 1368 (2d Cir. 1971).                       
               Here, the record fails to show the existence of the required           
          elements for equitable estoppel.  Petitioner claims:                        
          “Respondent, in giving Ms. Dormer a final payoff figure of                  
          $4,244.75, made a misrepresentation to Ms. Dormer.”  The                    
          difficulty with this statement is that the evidence does not                
          establish that the $4,244.75 amount was ever represented as a               
          “final payoff figure” by respondent.                                        







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