Sedrick Celestin - Page 5

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          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.                      






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