- 5 - understatement under section 6661 for 1985 is computed based upon 10 percent of the underpayment as opposed to the 25-percent rate used in the notice of deficiency; (2) respondent is collaterally estopped in this case from litigating a second time the issue resolved by the District Court in petitioner's criminal case concerning the amount of petitioner's profits from his illegal activities; (3) petitioner is not required to substantiate the amount of the net operating loss (NOL) reported in his 1987 tax return and carried back to 1985 and 1986 on the ground that the period of limitations with respect to 1987 has expired; (4) the NOL that petitioner reported in his 1987 tax return accrued on December 31, 1987; and (5) consistent with the holding of the District Court in the criminal case, petitioner did not earn profits from his criminal enterprise in 1986 and 1987. Respondent filed an objection to petitioner's motion. In particular, respondent contends that she properly computed the addition to tax under section 6661 based upon 25 percent of the underpayment (rather than 10 percent) because the 1986 amendment to section 6661 increasing the rate from 10 percent to 25 percent is effective with respect to assessments made after enactment of the amendment. In addition, respondent maintains that petitioner's motion should be denied to the extent that petitioner asserts that respondent is barred by the doctrine of collateral estoppel from contesting the District Court's findings in the criminal case inasmuch as the District Court's decisionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011