- 6 - "I'm going by what they told me. If they were wrong and they made a mistake, I believed them. I trusted in them." Although not explicitly stated, petitioner's argument essentially amounts to a claim of estoppel. Equitable estoppel is a judicial doctrine that precludes a party from denying that party's own acts or representations that induced another to act to his or her detriment. E.g., Graff v. Commissioner, 74 T.C. 743, 761 (1980), affd. 673 F.2d 784 (5th Cir. 1982). It is to be applied against the Commissioner only with utmost caution and restraint. E.g., Hofstetter v. Commissioner, 98 T.C. 695, 700 (1992). The doctrine of estoppel is not applicable unless the party relying on it establishes all of the following elements at a minimum: (1) There must be a false representation or wrongful misleading silence; (2) the error must be in a statement of fact and not in an opinion or a statement of law; (3) the person claiming the benefits of estoppel must be ignorant of the true facts; and (4) he must be adversely affected by the acts or statements of the person against whom an estoppel is claimed. * * * Estate of Emerson v. Commissioner, 67 T.C. 612, 617-618 (1977); see also Lignos v. United States, 439 F.2d 1365, 1368 (2d Cir. 1971). Even if we assume that petitioner relied on respondent's letter, petitioner has not presented any evidence that he was adversely affected by his reliance on the letter. Petitioner suffered no detriment that is legally recognizable. He is onlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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