John L. Boettner, Jr. - Page 12

                                       - 12 -                                         

          respect to any tax liability".  However, such language does not             
          amount to a waiver of collateral estoppel by respondent.  Such              
          language ensures to petitioner that he has the right to appeal              
          his liability with respect to the amount of the tax liability, by           
          contesting the total amount of the unreported income, or by                 
          contesting respondent's computation of the tax liability.                   
               Petitioner also claims the plea agreement precludes the                
          assessment of any fraud penalty, late filing penalty, or interest           
          penalty, and limits the respondent to "taxes determined to be due           
          and owing".  This Court does not read such meaning into the                 
          agreement.  In addition, it was the order of the District Court             
          for the Southern District for West Virginia that petitioner                 
          "shall pay the income tax determined to be due and owing, plus              
          interest and penalties." (Emphasis added.)                                  
               We are satisfied that the issues in the present case are the           
          same as the issues which were presented and determined adversely            
          to petitioner in the criminal case.  The underlying issue in this           
          case is that of fraud.  Petitioner's prior conviction was based             
          on fraud; i.e., the charge of his knowingly and willfully                   
          attempting to evade Federal income tax by filing a false and                
          fraudulent Federal income tax return in violation of section                
          7201.                                                                       
               The District Court for the Southern District of West                   
          Virginia, a court of competent jurisdiction, has rendered a final           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011