William J. McCorkle - Page 19

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          obligated to defend against the forfeiture order, and he has                
          failed to show the elements necessary to raise successfully                 
          equitable estoppel as a defense to respondent’s efforts to                  
          collect the 1996 tax liability.                                             
               Title 21, U.S.C. sec. 853(n)(2), provides that any person,             
          “other than the defendant,” asserting a legal interest in                   
          property that has been ordered forfeited “may” petition the                 
          District Court for a hearing to adjudicate the validity of his              
          alleged interest in the property.  A third party, therefore, has            
          a right, not a duty, to petition the District Court,8 and it is             
          his interest, not the defendant’s, that is to be determined.                
          Indeed, the defendant has no interest in the forfeited property             
          and is prohibited even from petitioning the court.  Petitioner              
          has failed to suggest any other statutory provision that would              
          obligate respondent to defend against the forfeiture order and              
          makes no claim that respondent was under a contractual obligation           
          to do so.  Therefore, we find that respondent had no duty to                
          defend against the forfeiture order.                                        
               Equitable estoppel is a judicial doctrine that precludes a             
          party from denying that party’s own acts or representations that            
          induce another to act to his or her detriment.  E.g., Graff v.              


               8  Nor has the Internal Revenue Service a duty to collect a            
          tax assessment from specific property in which it has a lien                
          rather than permitting the property to be forfeited.  Raulerson             
          v. United States, 786 F.2d 1090, 1092-1093 (11th Cir. 1986).                





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