- 2 - determine the amounts of Ps' petitioned civil income tax deficiencies lies solely with the Tax Court. Held: Ps' choice of the Tax Court to litigate their civil tax liabilities caused the Tax Court to acquire exclusive jurisdiction to decide the amounts of civil tax liabilities for the taxable years petitioned. Held, further, The District Court's restitution order does not have preclusive effect under the doctrine of either res judicata or collateral estoppel with respect to any portion of the civil tax liabilities before the Tax Court. William A. Cohan, for petitioners. Paul K. Voelker, for respondent. MEMORANDUM OPINION GERBER, Judge: We consider in these consolidated cases petitioners' motion for summary judgment. Petitioners contend that the instant action is barred by the doctrines of res judicata and collateral estoppel because restitution orders, which were part of the judgment in a criminal proceeding, constitute an adjudication of the amounts of tax, interest, and penalties owed by petitioners. Respondent contends that petitioners are not entitled to summary judgment because jurisdiction to determine the petitioned civil income tax deficiencies lies solely with the Tax Court. Background A statutory notice of deficiency was mailed to petitioner Lonnie C. Christensen (Mr. Christensen) and his then wife, Shauna S. Christensen, on April 14, 1994. Respondent determined anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011