Robert K. Lahodny - Page 4

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            party must file "An opposing written response, with or without                            
            supporting affidavits, * * * within such period as the Court may                          
            direct."  Rule 121(b).  A decision on the merits of a party's                             
            claim will be rendered by way of summary judgment "if the                                 
            pleadings, answers to interrogatories, depositions, admissions,                           
            and any other acceptable materials, together with the affidavits,                         
            if any, show that there is no genuine issue as to any material                            
            fact and that a decision may be rendered as a matter of law."                             
            Id.  The moving party must prove that there is no genuine issue                           
            of material fact, and factual inferences are viewed in the light                          
            most favorable to the nonmoving party.  United States v. Diebold,                         
            Inc., 369 U.S. 654, 655 (1962); Preece v. Commissioner, 95 T.C.                           
            594, 597 (1990).                                                                          
                  The instant case is ripe for summary judgment.  It is well                          
            established that petitioner's conviction of criminal tax evasion                          
            for 1979 and 1980 under section 7201 collaterally estops him from                         
            denying that deficiencies in his income taxes for those years                             
            were due to fraud for purposes of section 6653(b).  The elements                          
            of criminal tax evasion under section 7201 are not dissimilar to                          
            the elements of civil tax fraud under section 6653(b), and a                              
            guilty plea is equivalent to a conviction after trial for the                             
            purpose of collateral estoppel.  See, e.g., Johnson v. Sawyer,                            
            47 F.3d 716, 722 (5th Cir. 1995); Gray v. Commissioner, 708 F.2d                          
            243 (6th Cir. 1983), affg. T.C. Memo. 1981-1; Tomlinson v.                                
            Lefkowitz, 334 F.2d 262, 264-265 (5th Cir. 1964); Castillo v.                             




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