- 14 - Anthony relating to section 7206(2). Respondent’s initial summary judgment motion papers did not refer to any conviction of Anthony relating to section 7206(2) in connection with any collateral estoppel argument. We will not allow this expansion of respondent’s contentions at this stage of the proceedings. If this issue is relevant to the instant case (see Meier v. Commissioner, 91 T.C. 273, 283-286 (1988); Wright v. Commissioner, 84 T.C. 636, 643-644 (1985)), then it will have to be presented at an appropriate time, when petitioners will have a practical opportunity to respond. A related motion in a companion case is discussed in our opinion in Forkston Fireworks Mfg. Co. v. Commissioner, T.C. Memo. 1998-188. Accordingly, we conclude that respondent is entitled to partial summary judgment that Anthony is estopped to deny that he committed civil tax fraud for each of the years 1988, 1989, and 1990. In all other respects, respondent’s summary judgment motion will be denied. An appropriate order will be issued granting petitioners’ motion for leave to amend their reply. An appropriate order will be issued granting respondent’s motion for summary judgment, but only toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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