Gerald Hickman - Page 16

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          conclusively established by petitioner's conviction under                   
          section 7203 was that he had willfully failed to file a return              
          for each of the years 1986 through 1988.  "Willful" means the               
          voluntary, intentional violation of a known legal duty.                     
          United States v. Pomponio, 429 U.S. 10, 12 (1976).  Petitioner's            
          conviction under section 7203 thus conclusively establishes that            
          his failure to file was not due to reasonable cause and was due             
          to willful neglect, and he is accordingly estopped from                     
          contending otherwise.  Kotmair v. Commissioner, supra at 1263.              
          Petitioner is therefore liable for the section 6651 addition to             
          tax.                                                                        
               B.  Section 6653--Negligence Addition To Tax                           
               Respondent determined that petitioner is liable under                  
          section 6653 for the negligence addition to tax as follows: For             
          the 1986 and 1987 tax years, pursuant to section 6653(a)(1)(A)              
          and (B); for the 1988 tax year, pursuant to section 6653(a)(1).             
          Respondent argues that the doctrine of collateral estoppel also             
          precludes petitioner from arguing against imposition of the                 
          negligence addition to tax.  Respondent contends that                       
          petitioner's conviction under section 7203 conclusively                     
          establishes that petitioner willfully failed to file his 1986               
          through 1988 returns, and thereby petitioner is collaterally                
          estopped from denying his liability for the negligence addition             
          to tax.                                                                     





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