-5-
material matter. Said income tax return reported
total income of $20,783.26, whereas petitioner
knew and believed that her total income was
substantially in excess of that which was
reported.
(d) An issue in the instant Tax Court case is whether
petitioner received income over and above the
amount reported on her income tax return for the
1989 taxable year.
(e) The fact that petitioner received income which
intentionally was not reported on her 1989 income
tax return is evidence, in part, that the
underpayment was due to fraud.
(f) The prior criminal conviction of petitioner under
I.R.C. � 7206(1) is conclusive and binding upon
petitioner, and by reason thereof, the petitioner
is estopped in this case under the doctrine of
collateral estoppel, to deny that she willfully
made and subscribed to a false income tax return
for the 1989 taxable year that she knew was not
true and correct as to every material matter in
that she failed to report the substantial
additional income that she received in the 1989
taxable year.
Petitioner did not file a reply to respondent's allegations.
On September 29, 1994, respondent filed a motion under Rule 37(c)
to have the undenied allegations of fact deemed admitted. By
notice of filing dated September 29, 1994, the Court directed
petitioner to file a reply on or before October 20, 1994.
Petitioner did not respond, and we granted respondent's motion on
October 28, 1994.
Petitioner was released from prison sometime before July
1995.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011