Harold Wapnick - Page 2

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          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.                                                                       



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