Charles McHan and Martha McHan - Page 9

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          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:                            






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