Michael J. Fitzpatrick - Page 18

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                  Nevertheless, we find no inconsistency between the                                       
            conviction for tax evasion and the acquittal for conspiracy,                                   
            based on the differing requirements of proof.13  Cf. Los Angeles                               
            v. Heller, 475 U.S. 796, 806 (1985) (Stevens, J., dissenting)                                  
            ("when faced with an apparently inconsistent verdict, a court has                              
            a duty to attempt to read the verdict in a manner that will                                    
            resolve inconsistencies.").  It is perfectly logical that the                                  
            jury may have found all of those facts necessary to convict                                    
            petitioner for tax evasion, and which overlap the facts necessary                              
            to be found for the conspiracy charge, but did not find the facts                              
            necessary for the conspiracy charge that do not so overlap.  We                                
            thus do not hesitate in applying collateral estoppel to the tax                                

            13 Counts I and II, regarding tax evasion, of which petitioner                                 
            was found guilty, charged that petitioner:                                                     
                  did willfully attempt to evade and defeat a large part                                   
                  of the income tax due and owing by him to the United                                     
                  States of America * * *, by preparing and causing to be                                  
                  prepared, and by signing and causing to be signed a                                      
                  false and fraudulent U.S. Individual Income Tax Return,                                  
                  Form 1040, which was filed with the Internal Revenue                                     
                  Service * * *.                                                                           
            In comparison, count III, regarding conspiracy, of which                                       
            petitioner was acquitted, charged that petitioner:                                             
                  and others known and unknown, did unlawfully,                                            
                  willfully, and knowingly conspire, combine,                                              
                  confederate, and agree together and with each other to                                   
                  defraud the United States by impeding, impairing,                                        
                  obstructing, and defeating the lawful Government                                         
                  functions of the Internal Revenue Service of the                                         
                  Treasury Department in the ascertainment, computation,                                   
                  assessment, and collection of the revenue: to wit,                                       
                  income taxes.                                                                            




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