- 9 - determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.” Id. The preclusive effect of a prior court’s factual determination depends on whether the prior court had jurisdiction to and did determine the fact at issue. See Brotman v. Commissioner, 105 T.C. 141, 153 (1995). For collateral estoppel to apply, resolution of the disputed issue must have been essential to the prior decision. Meier v. Commissioner, 91 T.C. 273, 282 (1988). Mr. Christensen was found guilty of willfully filing false income tax returns for 1988, 1989, and 1990 in violation of section 7206(1). To sustain its burden of proof under section 7206(1), the Government must establish that the defendant willfully made a false statement on his return. The indictment did not charge Mr. Christensen or M.J. Wood with any specific tax liability or amount. Instead, Mr. Christensen was charged with receiving a specific item of income that he knowingly failed to report on his 1990 return. Furthermore, M.J. Wood’s conviction for aiding and assisting in the preparation of a false corporate tax return was for the tax year ending September 30, 1989, not September 30, 1990, the year at issue before this Court. Establishing petitioners’ specific tax liabilities is not an element of section 7206(1) or the otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011