- 2 - some part of the underpayment is due to fraud within the meaning of section 6653(b), for each of the 1985, 1986, and 1987 taxable years. Respondent supports her motion with three exhibits: (1) A grand jury indictment of petitioner, Seth Wapnick, Jon Wapnick and Steven Wolfson, (2) a judgment in a criminal case entered against petitioner by the U.S. District Court for the Eastern District of New York, and (3) the opinion of the U.S. Court of Appeals for the Second Circuit affirming the convictions of petitioner, Seth Wapnick, Jon Wapnick, and Steven Wolfson in the U.S. District Court for the Eastern District of New York. Petitioner claims that the doctrine of collateral estoppel is inapplicable for the 1985, 1986, and 1987 taxable years because the prior proceedings did not determine the amount of underpayment, the elements for collateral estoppel are not otherwise met, and the facts support an exception to the applicability of collateral estoppel. Thus, the Court must decide whether petitioner is collaterally estopped from disputing that a portion of the deficiencies in his Federal income tax for 1985, 1986, and 1987 was due to fraud within the meaning of section 6653(b) on account of his criminal conviction under section 7201. We hold that he is. Background Harold Wapnick filed a Federal income tax return for each of the 1985 and 1986 taxable years, but not for the 1987 taxable year.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011