- 20 - their returns as guaranteed payments is appropriate for two reasons. We decline to accept respondent's first explanation supporting partial recognition because it is a product of her embezzlement theory. However, respondent also argues that such partial recognition is appropriate despite her embezzlement theory. Respondent contends that petitioners have not established whether and to what extent the unreported income stemming from the cashier's checks and personal expenses is included in the numbers provided on their Schedules E. As a consequence, respondent has elected to recognize only those amounts identified by petitioners as guaranteed payments. We are unpersuaded by respondent's fleeting explanation of her rationale for making this election. Accordingly, we find that the computation to be used in calculating petitioners' unreported income must involve a reduction for the entire amount of gross income identified by petitioners as received from Fruitland on their Schedule E for each taxable year at issue. Issue 3. Civil Fraud We now turn to the question of whether petitioners are liable for the addition to tax for civil fraud for the taxable years at issue. In light of petitioner's guilty plea to criminal tax fraud with respect to his return for taxable year 1989, petitioners concede that the doctrine of collateral estoppel operates to prevent petitioner from contesting the civil fraud issue with respect to taxable year 1989. This concession isPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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