John L. Boettner, Jr. - Page 2

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          that petitioner's plea of guilty to tax evasion under section               
          7201 collaterally estops him from disputing there is an                     
          underpayment of income tax for the 1985 taxable year, and that              
          the underpayment is due to fraud within the meaning of section              
          6653(b).  Respondent supports his motion with four exhibits,                
          namely:  (1) The Information filed by the U.S. Attorney in the              
          criminal case against petitioner in the U.S. District Court,                
          Southern District of West Virginia at Charleston, (2)                       
          petitioner's plea agreement (plea agreement), (3) the guilty plea           
          in the criminal case against petitioner, and (4) the order issued           
          by the District Court finding petitioner guilty and convicting              
          him of one violation of 26 U.S.C. sec. 7201 (1994).  Petitioner             
          filed a response objecting to the granting of respondent's motion           
          for partial summary judgment.                                               
               The Court must decide whether petitioner is collaterally               
          estopped from contesting that there is an underpayment of tax and           
          that part of the underpayment is due to fraud within the meaning            
          of section 6653(b) for the 1985 taxable year on account of                  
          petitioner's plea of guilty to a violation of section 7201.                 

               1(...continued)                                                        
          are to the Tax Court Rules of Practice and Procedure, unless                
          otherwise indicated.                                                        
               This case was set for trial on two prior occasions.  At                
          petitioner's request, the matter was continued on each occasion.            
          Jurisdiction was retained in an attempt to assist the parties in            
          resolving this matter, or at least narrowing the issues.                    
          Respondent then filed this motion for partial summary judgment.             




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