- 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 finalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011