- 20 - As to their recovery, petitioner has supplied an explanatory affidavit. The affidavit is that of an acquaintance of petitioner who attests that he noticed boxes being thrown out by a new owner of petitioner's home in 1991, petitioner having sold the home in the mid-1980's. The acquaintance further attests that he saw many of the papers in the boxes were addressed to petitioner, and, knowing of petitioner's incarceration, took the boxes and placed them in a storage shed. It was further attested that petitioner visited this acquaintance in the fall of 1993 when he was given the boxes containing the promissory notes. Newly discovered evidence does not affect the application of collateral estoppel where it could have been produced in the prior proceeding by the exercise of due diligence. Calcutt v. Commissioner, 91 T.C. 14, 25 (1988). Respondent argues that the documents could have been produced by petitioner at the prior trial by the exercise of due diligence. We agree. Given that the documents were recovered from the home once owned by petitioner, we cannot understand how due diligence would have failed to unearth the promissory notes at the time of the criminal trial. The notes thus do not preclude the application of collateral estoppel. See Id. at 25. In sum, we apply the well established doctrine that a conviction under section 7201 collaterally estops the taxpayer from denying fraud for purposes of section 6653(b) for the samePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011