- 2 - Michael J. Fitzpatrick, pro se. Patrick E. Whelan and Daniel K. O'Brien, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: Michael J. Fitzpatrick petitioned the Court to redetermine the following determinations of deficiencies and additions to tax: Additions to Tax Sec. Sec. Sec. Year Deficiency 6653(b) 6653(b)(1) 6653(b)(2) 1981 1$30,601 $15,301 --- --- 1982 96,418 --- $48,209 50% of the interest due on $96,418 1The parties stipulated that the deficiency for 1981 should be reduced by $17,253. Following our decision in Fitzpatrick v. Commissioner, T.C. Memo. 1995-548,1 the issues before the Court are as follows: 1 In Fitzpatrick v. Commissioner, T.C. Memo. 1995-548, the Court decided that: (1) Respondent was not collaterally or equitably estopped from issuing a notice of deficiency due to the earlier issuance of the no-change letter to petitioner for the same tax years; (2) the notice of deficiency was not in violation of the Double Jeopardy Clause of the Fifth Amendment; (3) petitioner is collaterally estopped from denying his participation in the bribery scheme; and (4) petitioner is collaterally estopped from denying that there is an underpayment of his income tax, and that some part of the underpayment is due to fraud for purposes of sec. 6653(b), for each of the years 1981 and 1982. Sec. 6653(b)(2) requires respondent to establish the specific portion of the underpayment of tax which is attributable to fraud for purposes of applying the "50 percent of the interest payable" provision. Cooney v. Commissioner, T.C. Memo. 1994-50. Since we decided in Fitzpatrick v. Commissioner, supra, that (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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