- 35 - physician and businessman. He was thoroughly familiar with his business and financial interests, and he controlled them. Consequently, it is unlikely that he would not have realized that his Federal tax liabilities were substantially underreported for 1987 and 1988. b. False Returns Respondent contends, and correctly so, that the doctrine of collateral estoppel bars petitioner from contesting any issues actually litigated during his criminal trial. Considine v. United States, 683 F.2d 1285 (9th Cir. 1982). He was found guilty of willfully subscribing to a false return for 1987 and 1988. Thus, this indicium of civil fraud is conclusively established. Stobaugh v. Commissioner, T.C. Memo. 1984-112. c. Understatements of Income Substantial understatements of income in successive years, when coupled with other circumstances showing an intent to conceal or misstate income, justifies the inference of fraud. Holland v. United States, 348 U.S. 121, 137 (1954); Patton v. Commissioner, 799 F.2d 166, 171 (5th Cir. 1986), affg. T.C. Memo. 1985-148. In this case petitioner intentionally failed to report gross income from his medical practice in the amounts of $175,285 for 1987 and $191,979 for 1988. These understatements represented a 30-percent omission of income for 1987 and a 43-percent omissionPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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