- 39 - 2. Elements of Collateral Estoppel a. Identity of Matters at Issue The first element for collateral estoppel is met because there are identical matters at issue in the bankruptcy trial and in the instant case, such as whether, and if so, how, petitioner diverted Resyn income to Polymer and Chemical Traders from 1963 to 1970. The Government had to prove fraud by clear and convincing evidence in the bankruptcy case. To prove fraud, the Government proved that Leo Levitt created two sham entities, Chemical Traders and Polymer, to conceal Resyn's income. In re Resyn Corp., 81-2 USTC par. 9808 at 88,685-88,686. The accounts, transactions, and entities in the bankruptcy case are the same as those in the instant case. The instant case also involves the issue whether petitioners benefited from Resyn's unreported income. However, the fact that the instant case has additional matters at issue does not bar collateral estoppel from applying to matters at issue which are the same in both cases. Bertoli v. Commissioner, 103 T.C. 501, 508 (1994). Petitioner points out that the bankruptcy court did not decide whether petitioner committed civil tax fraud. The fact that the bankruptcy court did not decide whether petitioner was personally liable for additions to tax under section 6653(b) does not help petitioner. The bankruptcy court found that petitioner used Polymer and Chemical Traders to divert Resyn funds to himself. The bankruptcy court found that petitioner withdrewPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011