Anthony and Gloria Donnora - Page 14

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          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 to             





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