Steven J. Romer - Page 15

                                       - 15 -                                         
          embezzlement.  James v. United States, 366 U.S. 213, 219 (1961);            
          Collins v. Commissioner, 3 F.3d 625, 629-631 (2d Cir. 1993),                
          affg. T.C. Memo. 1992-478.                                                  
               It also is well established that, based on petitioner's                
          criminal conviction in New York State court, petitioner in this             
          case is estopped from denying that he embezzled funds from his              
          clients (namely, Votano, the Marion Family Trusts, Saferstein,              
          and Ripps).  Allen v. McCurry, 449 U.S. 90, 94 (1980); Montana v.           
          United States, 440 U.S. 147, 153-164 (1979); Parklane Hosiery Co.           
          v. Shore, 439 U.S. 322, 331-333 (1979); Disabled Am. Veterans v.            
          Commissioner, 942 F.2d 309, 312-314 (6th Cir. 1991), revg. 94               
          T.C. 60 (1990); De Cavalcante v. Commissioner, 620 F.2d 23 (3d              
          Cir. 1980), affg. Barrasso v. Commissioner, T.C. Memo. 1978-432.            
               With regard, however, to the specific amount of funds that             
          petitioner embezzled from his clients, the collateral estoppel              
          effect of petitioner's State court conviction for embezzlement              
          combined with the State court order of restitution is less clear.           
          Arguably, the restitution order would appear to establish the               
          specific amount of funds petitioner embezzled from each of the              
          clients (namely, $741,000 in 1988 from Votano, $4,087,000 in 1989           
          from the Marion Family Trusts, $975,000 in 1989 from Saferstein,            
          and $1,200,000 in 1990 from Ripps).  In Meier v. Commissioner, 91           
          T.C. 273, 286 (1988), which involved the collateral estoppel                
          effect of a prior action for accounting of misappropriated funds,           
          we held that both the fact of misappropriation and the specific             




Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011