Anthony and Gloria Donnora - Page 12

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          show such prejudice.”); cf. Kramer v. Commissioner, 89 T.C. at              
          1086.                                                                       
               Respondent contends that due to the then-impending trial               
          date respondent would be prejudiced if petitioners are allowed to           
          amend their reply.  However, the instant case was stricken from             
          the then-impending trial session.  Both sides will have an                  
          adequate opportunity to do the necessary informal consultation              
          and, if appropriate, formal discovery before the instant case is            
          tried.  We conclude that respondent will not be unduly prejudiced           
          by this Court’s allowing petitioners to amend their reply.                  
               Accordingly, we conclude that petitioners will be allowed to           
          amend their reply to deny respondent’s affirmative allegations.             
               We hold for petitioners on this issue.                                 
               2.  Rule 121--Summary Judgment                                         
               The  parties appear to be essentially in agreement about the           
          application of collateral estoppel and summary judgment in light            
          of our conclusion that petitioners are to be permitted to amend             
          their reply, and so it is not necessary to discuss in detail the            
          operation of these doctrines.                                               
               Because of his conviction of criminal tax fraud under                  
          section 7201 for each of the years 1988, 1989, and 1990, Anthony            
          is estopped to deny that he committed civil tax fraud for 1988              
          (within the meaning of sec. 6653(b)) and for 1989 and 1990                  







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