- 9 - it is well settled that the doctrine of collateral estoppel does not apply where the degree of proof in the earlier proceeding is higher than the degree of proof in the later proceeding. See Helvering v. Mitchell, 303 U.S. 391 (1938); Neaderland v. Commissioner, 52 T.C. 532, 541-542 (1969) (acquittal on charge of criminal tax fraud does not estop the Commissioner from later attempting to prove the taxpayer's liability for civil tax fraud), affd. 424 F.2d 639 (2d Cir. 1970). Consistent with the preceding discussion, it is evident that petitioner's reliance on the doctrine of collateral estoppel is misplaced. The District Court's findings respecting the amounts of petitioner's proceeds and profits from his illegal activities do not work an estoppel in the present action because the Government was required to prove its criminal forfeiture case beyond a reasonable doubt, whereas petitioner bears the burden of proving the amount of his taxable income for the years in issue in this civil proceeding by a preponderance of the evidence. 3. Substantiation of Net Operating Loss Petitioner contends that, because the period of limitations has expired with respect to the 1987 taxable year, the Court should find as a matter of law that petitioner is not required to substantiate the NOL reported in his 1987 tax return and carried back to the taxable years 1985 and 1986. We disagree. Section 6214(b) provides in pertinent part:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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