Alec Jeffrey Megibow - Page 19

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          estoppel, or some combination of the two.  For completeness, we             
          shall summarize why neither doctrine is applicable here.                    
               Equitable estoppel is a judicial doctrine that operates to             
          preclude a party from denying its own acts or representations               
          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 fails to show the existence of any of the             
          required elements for equitable estoppel.  Petitioner does not              
          identify, nor do we perceive, any particular statements or                  






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