- 5 - One of the issues in the instant case is whether the additions to tax under section 6653(b) should be imposed against petitioner for the taxable years 1986 and 1987. This same issue was presented and determined against petitioner in the criminal case, to the extent that a conviction on counts III and IV in the indictment is dependent upon a finding that petitioner did willfully attempt to evade or defeat part of his income tax. The prior criminal conviction of petitioner under section 7201 for the taxable years 1986 and 1987 is conclusive and binding upon him. By reason thereof, petitioner is estopped in the instant case under the doctrine of collateral estoppel from denying herein that he did willfully attempt to evade or defeat his Federal income tax liability for the taxable years 1986 and 1987, and that he knew and believed that the items described in counts III and IV of the indictment, and which are the basis of allegations of fraud in respondent's answer, were reportable as taxable income in 1986 and 1987, respectively. OPINION Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be granted with respect to all or any part of the legal issues in controversy "if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is noPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011