Michael J. Fitzpatrick - Page 14

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            deficiency as income.9  Petitioner argues that, based on                                       
            respondent's concession that a completed act of bribery was not                                
            an element of the convictions, "the convictions do not support                                 
            the concept of collateral estoppel in this cause [sic] as receipt                              
            of money or goods and services is necessary to create a tax                                    
            liability." However, as stated above, respondent does not argue                                
            that collateral estoppel applies to compel final judgment at this                              
            time as to the correctness of the amounts in the notice of                                     
            deficiency.                                                                                    
                  Petitioner and respondent are thus in seeming agreement that                             
            petitioner is collaterally estopped to deny his participation in                               
            the bribery scheme, while it is left to determine only the amount                              
            petitioner received by his participation.  In any event, we hold                               
            that petitioner is collaterally estopped to deny such                                          
            participation.10                                                                               
                  Respondent further argues that petitioner is collaterally                                
            estopped, because of his conviction for violation of section 7201                              
            for the 1981 and 1982 tax years, from denying that he willfully                                


            9  The elements necessary for conviction under the Travel Act                                  
            are: (1) Travel or use of facilities in interstate commerce; (2)                               
            with intent to promote, manage, establish, carry on or facilitate                              
            the promotion, management, establishment, or carrying on of a                                  
            prohibited activity, e.g., bribery; and (3) subsequent attempt to                              
            commit or actual commission of the proscribed activity.  18                                    
            U.S.C. sec. 1952 (1988); United States v. Davis, 965 F.2d 804,                                 
            809 (10th Cir. 1992).                                                                          
            10  See also Cipparone v. Commissioner, T.C. Memo. 1985-234.                                   




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