Frances L. and Gary L. Rambacher - Page 6




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          the prior litigation.  See Peck v. Commissioner, 90 T.C. 162,               
          166-167 (1988), affd. 904 F.2d 525 (9th Cir. 1990).                         
               On the basis of the record, we find that all five conditions           
          have been satisfied in the instant case, and, pursuant to the               
          doctrine of collateral estoppel, find that the holding in                   
          Rambacher I is controlling here.  We therefore hold that                    
          petitioners are liable for the additions to tax pursuant to                 
          sections 6653(a)(1) and (2) for the 1983 taxable year.                      
               To reflect the foregoing,                                              

                                                  An appropriate order and            
                                             decision will be entered.                




























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