- 8 - (10th Cir. 1989), affg. T.C. Memo. 1984-392; Calcutt v. Commissioner, 91 T.C. 14, 25 (1988) (evidence which, by due diligence, could have been produced in the prior proceeding is considered to have been available at the prior proceeding and therefore will not preclude the application of collateral estoppel); see also Schachenmayr v. Commissioner, T.C. Memo. 1991-281, affd. without published opinion sub nom. H & W Motel Corp. v. Commissioner, 979 F.2d 846 (2d Cir. 1992). Furthermore, such alleged defects in the prior proceeding are appropriately raised on the appeal of that decision. Lilley v. Commissioner, T.C. Memo. 1989-602, affd. without published opinion 925 F.2d 417 (3d Cir. 1991). Finally, petitioner claims that respondent's determinations are precluded because the 6-year period of limitations has run. Because there is fraud as to the years 1985, 1986, and 1987 resulting from the application of the doctrine of collateral estoppel, the period of assessment remains open for such years. Aslam v. Commissioner, T.C. Memo. 1981-159. Accordingly, based upon the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011