- 5 - Discussion Rule 121(b) provides that summary judgment may be rendered if no genuine issue exists as to any material fact and a decision may be rendered as a matter of law. Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The moving party bears the burden of proving that no genuine issue of material fact exists. Marshall v. Commissioner, 85 T.C. 267, 271 (1985). The facts are viewed in a light most favorable to the nonmoving party. Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). Petitioners raise the contention that the instant action before the Tax Court is barred by the doctrines of res judicata and collateral estoppel because the District Court adjudicated the amounts of tax, interest, and penalties owed by petitioners in the restitution orders incorporated in the judgment of the criminal proceeding. Respondent argues that petitioners are not entitled to summary judgment because petitioners chose the Tax Court for a redetermination of respondent's determination. We do not question the jurisdiction or authority of the District Courts to order defendants to make restitution of their civil income tax liabilities. Federal District Courts have jurisdiction over criminal violations of the Federal income tax laws. United States v. Spurgeon, 671 F.2d 1198, 1199 (8th Cir. 1982). Petitioners were ordered to pay restitution to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011