- 2 - two exhibits, namely: (1) A grand jury indictment (Indictment) of petitioner and Andrew Winslow Willis, and (2) petitioner's plea agreement (Plea Agreement) to the charges contained in the Indictment. The Court ordered petitioner to respond to respondent's motion on or before November 19, 1996. Petitioner failed to do so. The Court must decide whether petitioner is collaterally estopped from contesting that deficiencies in his income taxes for the years at issue were due to fraud within the meaning of section 6653(b) on account of his plea of guilty to a violation of section 7201. We hold he is. Unless otherwise stated, section references are to the Internal Revenue Code in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts have been rounded to the nearest dollar. Background Petitioner petitioned the Court to redetermine respondent's determination of deficiencies of $168,198 and $32,696 in his 1979 and 1980 Federal income taxes, respectively, and $84,099 and $16,348 additions to those respective taxes under section 6653(b). Petitioner resided in Texarkana, Texas, when he petitioned the Court. Petitioner was a defendant in the criminal case United States v. Lahodny, which was docketed in the U.S. District Court for the Southern District of California. In connection with thisPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011