- 7 - F.2d 299, 305-306 (7th Cir. 1972), affg. T.C. Memo. 1970-274; Amos v. Commissioner, 43 T.C. 50, 54-56 (1964), affd. 360 F.2d 358 (4th Cir. 1965). The doctrine of collateral estoppel applies in this context whether the conviction under section 7201 arises from a trial on the merits or a plea of guilty. Gray v. Commissioner, 708 F.2d 243, 246 (6th Cir. 1983), affg. T.C. Memo. 1981-1; Plunkett v. Commissioner, supra at 305; Stone v. Commissioner, supra at 221. Consistent with the foregoing, petitioner's prior criminal conviction under section 7201 in respect of his 1984 taxable year is conclusive and binding on petitioner so that the doctrine of collateral estoppel precludes him from denying in the present civil tax proceeding: (1) There is an underpayment in his income tax for 1984, and (2) a part of the underpayment is due to fraud within the meaning of section 6653(b). Tomlinson v. Lefkowitz, 334 F.2d 262, 266 (5th Cir. 1964); C.B.C. Super Markets, Inc. v. Commissioner, 54 T.C. 882, 893 (1970). Consequently, we shall grant respondent's Motion for Partial Summary Judgment. Conclusion In order to reflect the foregoing, An order will be issued granting respondent's Motion for Partial Summary Judgment.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011