- 14 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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