- 13 - (within the meaning of sec. 6663). E.g., Amos v. Commissioner, 43 T.C. 50, 55 (1964), affd. 360 F.2d 358 (4th Cir. 1965). Respondent contends that partial summary judgment should also be granted because Anthony is collaterally estopped from denying that there is an underpayment of his joint tax liability for 1988, 1989, and 1990. The underpayment need not be addressed separately, because under section 6653(b) for 1988 and section 6663 for 1989 and 1990 the existence of an underpayment is an element of fraud. Both sides recognize that Anthony is permitted to litigate the amount of the underpayment. Also, based on the materials thus far submitted, it does not appear that Gloria is estopped from disputing any matter that relates to her liability in the instant case, including (if it turns out to be relevant) Anthony’s fraud. Moore v. United States, 360 F.2d 353, 357-358 (4th Cir. 1966); Rodney v. Commissioner, 53 T.C. 287, 306-311 (1969). Respondent also contends that partial summary judgment should be granted to collaterally estop Anthony from denying that there was a willful omission of income on Forkston’s income tax return. This contention is raised for the first time in respondent’s Reply to Petitioners’ Response to Respondent’s Motion for Summary Judgment. The collateral estoppel portion of respondent’s answer (par. 8) did not refer to any conviction ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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