3 (8) Whether petitioner is liable for an accuracy-related penalty pursuant to section 6662(a) for the taxable year 1989. We hold that he is. All section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. We have combined our findings of fact and opinion. Some of the facts are stipulated and are so found. We incorporate by reference the stipulation of facts and attached exhibits. Prior to trial, respondent filed a Motion for Leave to File Amendment to Answer. Respondent sought to amend the answer to plead collateral estoppel pursuant to this Court's opinion in Johnson v. Commissioner, T.C. Memo. 1993-564, affd. without published opinion 50 F.3d 2 (2d Cir. 1995) (Johnson I), which addressed the taxable year 1987. Respondent argues that collateral estoppel precludes petitioner from relitigating whether he received gross receipts from Ticketline, whether he is entitled to deduct expenses associated with his nutritional information system pursuant to section 174, and whether he is liable for self-employment tax. We denied respondent's motion. The doctrine of collateral estoppel is used to preclude a party from relitigating issues actually and necessarily litigated and decided in a final prior judgment by a court of competent jurisdiction. Meier v. Commissioner, 91 T.C. 273, 282-283Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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