- 10 - to notify them of the impropriety of these prior returns should prevent the disallowance of the deduction and credit, because it denied them the opportunity to retrieve a copy of the 1995 Form 8332 and correct the discrepancy. Once again, while we sympathize with petitioners’ position, the law is clear. The Commissioner’s allowance of a deduction on a Federal income tax return for 1 year does not preclude him from challenging a similar item in a return for a later year. S. Chester Tube Co. v. Commissioner, 14 T.C. 1229, 1235 (1950); Lozoff v. United States, 266 F. Supp. 966, 971 (E.D. Wis. 1967), affd. 392 F.2d 875 (7th Cir. 1968). This holds true even where the Commissioner has accepted a taxpayer’s prior returns without examining them. Rountree v. Commissioner, T.C. Memo. 1968-165. Moreover, the Commissioner has no affirmative duty to notify taxpayers of noncompliance with statutory requirements. Sommer v. Commissioner, T.C. Memo. 1983-196. Furthermore, application of the estoppel doctrine in tax cases must be rare, as “the policy in favor of an efficient collection of the public revenue outweighs the policy of the estoppel doctrine in its usual and customary context.” Nadler v. Commissioner, T.C. Memo. 1992-383, affd. without published opinion 993 F.2d 1533 (2d Cir. 1993). Equitable estoppel is available as a defense only where the taxpayer can show that the Commissioner’s representatives have committed fraud or unfair conduct that the taxpayer relied on to his or her detriment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007