- 12 - is authorized and required to make the inquiries, determinations, and assessments of all taxes imposed by the Internal Revenue Code. The notice of deficiency represents nothing more than an attempt by respondent to recover revenue lost due to the taxpayer's underpayment of Federal income tax. Traficant v. Commissioner, 884 F.2d 258, 263 (6th Cir. 1989), affg. 89 T.C. 501 (1987); Ianniello v. Commissioner, supra at 179. Petitioner's second motion to dismiss will be denied. Respondent's Motion for Partial Summary Judgment Lastly, we reach respondent's motion for partial summary judgment on the basis that petitioner is collaterally estopped from denying certain facts with respect to his conviction for violation of the Travel Act and conspiracy to violate the Travel Act, and that as a result of petitioner's conviction for violation of section 7201 for the 1981 and 1982 tax years, petitioner is collaterally estopped from denying that he willfully attempted to evade Federal income taxes for those years. The disposition of a motion for summary judgment under Rule 121(b) is controlled by the following principles: (a) The moving party must show the absence of dispute as to any material fact and that a decision may be rendered as a matter of law; (b) the factual materials and the inferences to be drawn from them mustPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011