Bruce P. Cadwell - Page 5

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               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 no                 




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