Anthony and Linda Walters - Page 21

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          proper.  The doctrine of collateral estoppel is intended to avoid           
          repetitious litigation by precluding a second litigation of an              
          issue of fact or law that was actually litigated and that                   
          culminated in a valid and final judgment.  Niedringhaus v.                  
          Commissioner, 99 T.C. 202, 213 (1992).  The doctrine applies                
          equally to posttrial convictions and convictions based upon a               
          guilty plea.  Stone v. Commissioner, 56 T.C. 213 (1971);                    
          Cleveland v. Commissioner, T.C. Memo. 1983-299.  Accordingly, we            
          focus our attention on taxable years 1987 and 1988.                         
               Section 6653(b)(1) provides that if any part of any                    
          underpayment of tax required to be shown on a return is due to              
          fraud, there shall be added to the tax an amount equal to 75                
          percent of the portion of the underpayment which is attributable            
          to fraud.  When a joint return is filed, however, it is necessary           
          for the Commissioner to establish that some part of the                     
          underpayment was due to fraud on the part of both spouses if she            
          seeks to hold both spouses liable for additions to tax for fraud.           
          Sec. 6653(b)(3); Stone v. Commissioner, supra at 226-227.                   
               Fraud is defined as an intentional wrongdoing designed to              
          evade tax believed to be owing.  Miller v. Commissioner, 94 T.C.            
          316, 332 (1990).  The Commissioner bears the burden to prove                
          fraud by clear and convincing evidence.  Sec. 7454(a); Rule                 
          142(b); Grosshandler v. Commissioner, 75 T.C. 1, 19 (1980).  The            
          Commissioner must show that the taxpayer intended to evade taxes            
          known to be owing by conduct intended to conceal, mislead, or               




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