Joseph C. Stepien - Page 6

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          Commissioner, 763 F.2d 1139, 1142-1143 (10th Cir. 1985), affg.              
          T.C. Memo. 1984-152; Webb v. Commissioner, 394 F.2d 366, 377 (5th           
          Cir. 1968), affg. T.C. Memo. 1966-81.  Respondent has the burden            
          of proving fraud by clear and convincing evidence.  Sec. 7454(a);           
          Rule 142(b); Stone v. Commissioner, 56 T.C. 213, 220 (1971).                
          As indicated, respondent contends that petitioner is                        
          estopped from denying the existence of fraud for 1984 by virtue             
          of petitioner's criminal conviction under section 7201.  We                 
          agree.                                                                      
               Collateral estoppel serves to protect litigants from the               
          burden of relitigating an identical issue and promotes judicial             
          economy by preventing unnecessary and redundant litigation.                 
          Meier v. Commissioner, 91 T.C. 273, 282 (1988).  Under the                  
          doctrine of collateral estoppel, a valid, final judgment in a               
          prior suit precludes, in a second cause of action, litigation of            
          issues actually litigated and necessary to the outcome of the               
          first action.  Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326             
          (1979); Niedringhaus v. Commissioner, 99 T.C. 202, 213 (1992);              
          Meier v. Commissioner, supra.                                               
          A criminal conviction based upon a charge of willful attempt                
          to evade tax in violation of section 7201 necessarily carries               
          with it the ultimate factual determination that part of the                 
          underpayment for the particular taxable year was due to fraud as            
          encompassed in section 6653(b).  Plunkett v. Commissioner, 465              





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