- 14 - at 121, we believe that the 1989 net worth computation is so unreliable as to negate any presumption of correctness. As in Jacobs v. Commissioner, supra, with regard to taxable year 1989, respondent has failed to “show the correct amount of petitioner’s reconstructed taxable income or [to] provide any basis for estimating it.” See also Gallo v. Commissioner, T.C. Memo. 1983- 367. Accordingly, this issue is decided for petitioner husband. Respondent’s 1990 Income Reconstruction for Petitioners For taxable year 1990, by his criminal plea petitioner husband explicitly admitted that he had unreported income of $63,610, as determined by respondent’s 1990 criminal net worth calculation, which was predicated on an opening net worth of $4,845. Petitioner did not appear at trial to refute his prior admission. Cf. Toushin v. Commissioner, T.C. Memo. 1999-171. Petitioner husband’s admission is strong evidence of the validity of the 1990 criminal net worth computation, and consequently of the 1990 civil net worth computation, which was derived directly therefrom. Petitioner husband’s admission in the criminal proceeding does not collaterally estop him, however, from challenging the specific deficiency amount in this proceeding, because “the determination of an exact liability was not essential to the judgment, a prerequisite to the application of the doctrine of collateral estoppel.” Moore v. United States, 360 F.2d 353, 356 (4th Cir. 1965) (internal quotation marksPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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