- 4 - petitioner’s memory of the prior Tax Court proceeding vanished completely, and he questioned the authenticity of the decision document though, incongruously, not his signature. But his primary argument was that the tax for 1997 was discharged in bankruptcy or should be so treated because, he alleged, an Internal Revenue Service (IRS) representative advised him that filing for bankruptcy would relieve him of the tax. He argues that the IRS representative misled him. Because petitioner’s income tax liability was assessed within 240 days before the date of the filing of the bankruptcy petition, it was not dischargeable. See 11 U.S.C. secs. 523(a)(1)(A), 507(a)(8)(A)(ii) (2000). As petitioner’s tax debt is of a kind specified in 11 U.S.C. section 523(a)(1)(A), it is not discharged whether or not a proof of claim is filed or allowed. 11 U.S.C. 523(a)(1)(A)(2000); Swanson v. Commissioner, 121 T.C. 111, 128 (2003). Petitioner’s discharge argument is without merit. Petitioner’s argument that he was misled by an IRS representative into filing for bankruptcy is essentially one of estoppel. This Court has held that it will apply the doctrine of equitable estoppel against the Government with the utmost caution and restraint. Kronish v. Commissioner, 90 T.C. 684, 695 (1988) (citing Boulez v. Commissioner, 76 T.C. 209, 214-215 (1981), affd. 810 F.2d 209 (D.C. Cir. 1987)); see Cavanaugh v.Page: Previous 1 2 3 4 5 6 7 Next
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