Kenneth and Dorothy Hitchen - Page 31

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          respondent should be equitably estopped from imposing the                   
          additions to tax at issue in these cases, we disagree with                  
          petitioners for the reasons discussed below.                                
               “Equitable estoppel is a judicial doctrine that ‘precludes a           
          party from denying his own acts or representations which induced            
          another to act to his detriment.’”  Hofstetter v. Commissioner,             
          98 T.C. 695, 700 (1992) (quoting Graff v. Commissioner, 74 T.C.             
          743, 761 (1980), affd. 673 F.2d 784 (5th Cir. 1982)).  It is well           
          established that the doctrine of equitable estoppel should be               
          applied against the Commissioner “‘with the utmost caution and              
          restraint.’”  Kronish v. Commissioner, 90 T.C. 684, 695 (1988)              
          (quoting Boulez v. Commissioner, 76 T.C. 209, 214-215 (1981),               
          affd. 810 F.2d 209 (D.C. Cir. 1987)).  Furthermore, the Supreme             
          Court has stated that the Government may not be estopped on the             
          same grounds as other litigants.  OPM v. Richmond, 496 U.S. 414,            
          419 (1990); Heckler v. Cmty. Health Servs., 467 U.S. 51, 60                 
          (1984).                                                                     
               The following conditions must be satisfied before equitable            
          estoppel will be applied against the Government:  (1) A false               
          representation or wrongful, misleading silence by the party                 
          against whom the opposing party seeks to invoke the doctrine; (2)           
          an error in a statement of fact and not in an opinion or                    
          statement of law; (3) ignorance of the true facts; (4) reasonable           
          reliance on the acts or statements of the one against whom                  






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