Terry Nathan Norman - Page 18

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          Stern or anyone else involved with the corporation or PTSI.  Nor            
          did he produce other credible evidence establishing that a theft            
          loss occurred.  Accordingly, petitioner has not met his burden of           
          proof and, therefore, is not allowed a deduction under section              
          165(e).                                                                     
          Issue 4.  Whether Respondent Is Estopped From Asserting a                   
          Deficiency Against Petitioner                                               
               Respondent issued petitioner a notice of deficiency on                 
          November 1, 2004.  On December 27, 2004, respondent sent                    
          petitioner a “closing notice”, which states: “we were able to               
          clear up the differences between your records and your payers’              
          records.  * * *  If you have already received a notice of                   
          deficiency, you may disregard it.  You won’t need to file a                 
          petition with the United States Tax Court”.                                 
               Respondent’s change in position raises the issue of                    
          equitable estoppel against respondent.  “Equitable estoppel is a            
          judicial doctrine that ‘precludes a party from denying his own              
          acts or representations which induced another to act to his                 
          detriment.’”  Hofstetter v. Commissioner, 98 T.C. 695, 700 (1992)           
          (quoting Graff v. Commissioner, 74 T.C. 743, 761 (1980), affd.              
          673 F.2d 784 (5th Cir. 1982)).  To apply equitable estoppel                 
          against the Government, however, we must find, inter alia, that             
          the claimant relied on the Government’s representations and                 
          suffered a detriment because of that reliance.  See Norfolk S.              
          Corp. v. Commissioner, 104 T.C. 13, 60 (1995), affd. 140 F.3d 240           





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