Michael J. Fitzpatrick - Page 12

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            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 must                                






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