- 10 - Inc. v. SciMed Life Systems, Inc., No. C-94-20775RPA, 1996 WL 241692 (N.D. Cal., May 2, 1996); Fidelity Bank, Natl. Association v. Avrutick, 740 F. Supp. 222, 232 (S.D.N.Y. 1990); Schneider (USA), Inc. v. C. R. Bard, Inc., No. Civ. A. 89-819-MA, 1990 WL 292143 (D. Mass., Oct. 11, 1990); Symbol Technologies, Inc. v. Opticon, Inc., No. 86 CB 8736 (KMW), 1989 WL 38134 (S.D.N.Y., Feb. 27, 1989). Respondent bases her motion on the allegedly preclusive effect of petitioner's convictions under 18 U.S.C. section 371 (1994) and I.R.C. section 7206(1) and (2) upon the issue of fraud under section 6653(b). Respondent contends that the opinion of the Court of Appeals for the Ninth Circuit in Considine v. United States, 683 F.2d 1285 (9th Cir. 1982), in combination with petitioner’s convictions under section 7206(2) and 18 U.S.C. section 371 (1994) and petitioner’s status as a sophisticated taxpayer, compels the conclusion that petitioner's conviction establishes as a matter of law that his underpayment for 1975 was "due to fraud," for purposes of section 6653(b), and thus that respondent's motion should be granted. Petitioners contend that the convictions on all these counts might have had nothing to do with receipt of income from an artificially inflated purchase price paid by Caldwell to Cinepix: The conviction for conspiracy could be based on any one of eleven transactions; the convictions under section 7206(2) could be based on aiding and abettingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011