Samuel S. Lowe III and Nancy S. Lowe - Page 12

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          that induced another to act to his or her detriment.  Wilkins v.            
          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), 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 cannot sustain a claim for equitable                  
          estoppel.  Fundamentally, petitioners did not act to their                  
          detriment in reliance upon any false representation by                      
          respondent.  Petitioners chose to report the KEEAP II payment as            
          capital gain based upon advice from third parties, and they have            
          not alleged that communications from respondent played any part             
          in that decision.  Because petitioners’ belief in their                     






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