- 7 - OPINION Petitioner concedes that he had gross income in the amounts determined by respondent for the years in issue. Petitioner alleges, however, that the doctrines of collateral estoppel and res judicata preclude respondent from seeking deficiencies in excess of those found by the District Court and additions in tax. I. Collateral Estoppel and Respondent's Deficiency Determination The primary issue in this case is whether the doctrine of collateral estoppel precludes respondent from asserting tax deficiencies for the 1986 through 1988 tax years. Petitioner argues that the District Court's order of restitution is tantamount to a final determination of petitioner's tax liabilities. Thereby, respondent is precluded from determining tax liabilities in excess of those "determined" by the District Court. What is at stake for petitioner is the payment of an additional $11,648 in income taxes. A. Collateral Estoppel Respondent argues that the doctrine of collateral estoppel does not apply for the tax years 1986 through 1988 because the District Court did not decide the issue of petitioner's exact income tax liabilities. Thereby, respondent is not precluded from determining and assessing petitioner's income tax liabilities. Respondent sets forth two arguments in support of this position. First, the indictment did not charge petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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