Samuel S. Lowe III and Nancy S. Lowe - Page 13

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          entitlement to capital gain treatment did not stem from any                 
          conduct by respondent, equitable estoppel erects no barrier to              
          respondent’s recharacterization of the disputed payment as                  
          ordinary income.                                                            
               Additionally, it long has been established that the Internal           
          Revenue Service is not barred by mistakes of its agents from                
          correcting errors of law, “even where a taxpayer may have relied            
          to his detriment on that mistake.”  Norfolk S. Corp. v.                     
          Commissioner, supra at 60; see also Auto. Club of Mich. v.                  
          Commissioner, 353 U.S. 180, 183 (1957); Hedrick v. Commissioner,            
          63 T.C. 395, 403 (1974).  Given that this principle holds true              
          even in dealings with a single taxpayer, it clearly follows that            
          allowance of a treatment contrary to law to one taxpayer does not           
          preclude the Commissioner from correctly applying the law to                
          other taxpayers.3                                                           
               In conclusion, we emphasize that the Tax Court, as a Federal           
          court, is a court of limited jurisdiction.  Commissioner v.                 
          McCoy, 484 U.S. 3, 7 (1987); Hays Corp. v. Commissioner, 40 T.C.            
          436, 442-443 (1963), affd. 331 F.2d 422 (7th Cir. 1964).                    
          Consequently, our jurisdiction to grant equitable relief is                 

               3 This is not a situation where two similarly situated                 
          taxpayers simultaneously sought official written prefiling                  
          rulings, i.e., private letter rulings, from the Internal Revenue            
          Service, and the Internal Revenue Service intentionally chose to            
          treat one differently from the other at the National Office                 
          level.  See Intl. Bus. Machs. Corp. v. United States, 170 Ct. Cl.           
          357, 343 F.2d 914 (1965).                                                   





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