- 6 - petition, could have contested the underlying liability. Petitioner, however, did not petition the Court after the 2003 notice of determination was issued. Petitioner also contends that he should have been allowed, at the 2005 hearing, to contest the underlying liability because respondent erroneously precluded him, at the 2002 hearing, from doing so. In Heckler v. Cmty. Health Servs., 467 U.S. 51, 63 (1984), the Supreme Court stated that “those who deal with the Government are expected to know the law and may not rely on the conduct of Government agents contrary to law.” See Estate of Emerson v. Commissioner, 67 T.C. 612, 617 (1977) (holding that this Court will apply the doctrine of estoppel against the Government with the “utmost caution and restraint”). Despite respondent’s error, petitioner was entitled to petition this Court, dispute the determination, and challenge the underlying liability. Petitioner failed to do so and, thus, was precluded from subsequently challenging the underlying liability. Accordingly, respondent did not abuse his discretion and is not estopped from proceeding with the proposed collection action. Contentions we have not addressed are irrelevant, moot, or meritless.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011