Joseph C. Stepien - Page 7

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          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.                                                   





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