Sedrick Celestin - Page 6

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          Commissioner, T.C. Memo. 1991-407, affd. without published                  
          opinion 986 F.2d 1426 (10th Cir. 1993).  Estoppel claims against            
          the Government involving misstatements of law or faulty advice by           
          Government agents are generally rejected on one of two grounds:             
          either the claimant’s reliance on the agent’s misstatement is not           
          sufficiently detrimental, or the misdeed itself is not                      
          sufficiently egregious.  Burdett v. Commissioner, T.C. Memo.                
          1992-576.  The instant claim is lacking in both respects.                   
          Petitioner has failed to allege sufficient detrimental reliance             
          on the alleged misstatement of respondent’s representative.                 
               Detrimental reliance is a primary element of an estoppel               
          claim.  Heckler v. Community Health Services, 467 U.S. 51 (1984).           
          In Heckler, the Court held that the plaintiff, in relying on the            
          agent’s advice, “lost no rights but merely was induced to do                
          something which could be corrected at a later time.”  Id. at 62.            
          Here, petitioner lost no rights.  His position would be the same            
          as it is now had he not filed for bankruptcy; he would be liable            
          for the tax assessed for 1997.                                              
               In addition, it is generally held that a misstatement of law           
          by a Government agent, by itself, is not sufficient to support a            
          claim of estoppel.  See Schweiker v. Hansen, 450 U.S. 785 (1981);           
          see also Henry v. United States, 870 F.2d 634, 637 (Fed. Cir.               
          1989) (erroneous advice of IRS agent not sufficient misconduct to           
          estop IRS from raising statute of limitations where advice caused           






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