Gerald Hickman - Page 15

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               Respondent determined that petitioner is liable under                  
          section 6651(a)(1) for his failure to file returns for 1986                 
          through 1988.  In addition to the facts presented in this case,             
          respondent pleaded and relies upon the doctrine of collateral               
          estoppel to establish petitioner's liability under section                  
          6651(a)(1).  This argument is based upon the fact that petitioner           
          was convicted under section 7203 of willful failure to file                 
          income tax returns for 1986 through 1988.                                   
               Section 6651(a)(1) imposes a 5-percent addition to tax each            
          month for failure to file a tax return.  The addition is not to             
          exceed 25 percent in the aggregate.  A section 6651(a)(1)                   
          addition to tax is warranted where a taxpayer fails to file a               
          timely return unless the taxpayer shows that his failure to do so           
          was due to reasonable cause and not due to willful neglect.                 
          Where the taxpayer exercised ordinary business care and prudence            
          and was nevertheless unable to file the return within the                   
          prescribed time, the delay is deemed due to reasonable cause.               
          Sec. 301.6651-1(c), Proc. & Admin. Regs.                                    
               As previously noted, the doctrine of collateral estoppel is            
          intended to avoid repetitious litigation by precluding the                  
          relitigation of any issue of fact or law that was actually                  
          litigated and that culminated in a valid and final judgment.                
          Montana v. United States, 440 U.S. at 153; Kotmair v.                       
          Commissioner, 86 T.C. 1253, 1262 (1986).  The fact that was                 





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