Hossam Helmy El-Bibany and Selma Hassan Kandil - Page 14

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               The doctrine of estoppel is not applicable unless the party            
          relying on it establishes all of the following elements at a                
          minimum:  (1) A false representation or wrongful, misleading                
          silence by the party against whom estoppel is to be invoked; (2)            
          an error in a statement of fact and not an opinion or statement             
          of law; (3) ignorance of the true facts; (4) the party claiming             
          estoppel must be adversely affected by the acts or statements of            
          the person against whom an estoppel is claimed; and (5) detriment           
          suffered by the party claiming estoppel because of his or her               
          adversary’s false representation or wrongful, misleading silence.           
          Norfolk S. Corp. v. Commissioner, 104 T.C. 13, 60 (1995), affd.             
          140 F.3d 240 (4th Cir. 1998); Estate of Emerson v. Commissioner,            
          67 T.C. 612, 617-618 (1977); Megibow v. Commissioner, T.C. Memo.            
          2004-41; see also Lignos v. United States, 439 F.2d 1365, 1368              
          (2d Cir. 1971).                                                             
               The doctrine of equitable estoppel was raised for the first            
          time by respondent on brief.13  Initially, respondent conceded              
          that qualified higher education expenses include transportation             
          costs.  In respondent’s trial memorandum, respondent relied on              
          section 1.221-1(e)(2)(i), Income Tax Regs., for the proposition             




               13  Although the Court offered petitioners the opportunity             
          to file a response to respondent’s brief, petitioners did not do            
          so.                                                                         





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