- 45 - supra at 283; 1B Moore, Moore's Federal Practice, par. 0.441 [3.- 2] at 527-535 (2d ed. 1985). Thus, petitioner's reliance on Gammill and Divine is misplaced. 4. Conclusion--Collateral Estoppel Applies We conclude that petitioner is collaterally estopped from contesting the factual findings of the bankruptcy court in In re Resyn Corp., 81-2 USTC par. 9808 (Bankr. D.N.J. 1981). Collateral estoppel establishes all of the facts found by the bankruptcy court for purposes of the instant case. However, our findings of fact are also fully supported by the record in this case. The findings of fact by the bankruptcy court provide an alternative basis for many of those facts. C. Whether Respondent's Determination Is Arbitrary Respondent's determination is generally presumed to be correct. Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioners contend that respondent's determination is arbitrary and should not be presumed to be correct because respondent had no rational basis for determining that petitioner received constructive income from Chemical Traders and Polymer which he diverted from Resyn. We disagree. A notice of deficiency that lacks a rational basis is arbitrary and not presumed to be correct. Llorente v. Commissioner, 649 F.2d 152, 156 (2d Cir. 1981), affg. in part and revg. and remanding in part on this issue 74 T.C. 260 (1980). To show that the Commissioner acted rationally, the record must linkPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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