Joseph Dutton - Page 15

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          misrepresented that petitioner would be entitled to refunds under           
          section 6015(c).  In that case, the issue was whether an offer in           
          compromise could be set aside where the taxpayer entered into the           
          agreement after being told by an agent of the Government that the           
          tax liabilities covered in the agreement were not barred by the             
          statute of limitations.  The Court of Appeals for the Second                
          Circuit found that the misrepresentation by the agent induced the           
          offer in compromise, and therefore the agreement was voidable for           
          misrepresentation.  Id. at 71-72.  The circumstances of this case           
          are distinguishable.  As shown by our previous findings, any                
          misrepresentation by Mr. Zukle did not induce the offer in                  
          compromise.  If anything, Mr. Zukle’s statement that petitioner             
          would be entitled to refunds under section 6015(c) should have              
          induced petitioner to withdraw the pending offer, at least during           
          the period before the mistake was corrected through Mr. McCabe’s            
          diligence.  Accordingly, the offer in compromise is not voidable            
          for misrepresentation.                                                      
               In his answering brief, petitioner argues for the first time           
          that the doctrine of equitable estoppel applies.  Our practice is           
          not to consider new issues raised for the first time in an                  
          answering brief.  Krause v. Commissioner, 99 T.C. 132, 177                  
          (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024             
          (10th Cir. 1994); Weiss v. Commissioner, T.C. Memo. 1999-17 n.5.            
          The parties submitted the issue fully stipulated, and there is no           






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