- 21 - 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, orPage: 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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