Dwight L. McKenna and Beverly S. McKenna - Page 35

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            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 omission                            






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