Armin Unger - Page 11




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          determining whether any deficiency or underpayment of tax is due             
          to fraud.  See Stoltzfus v. United States, supra.  The consistent            
          and substantial understatement of income is itself evidence of               
          fraud.  See Laurins v. Commissioner, supra. Petitioner has been              
          convicted of tax evasion under section 7201 for his 1989 tax                 
          year.  His conviction was the result of a plea of guilty.  “A                
          guilty plea is as much a conviction as a conviction following                
          jury trial.  The elements of criminal tax evasion and civil tax              
          fraud are identical.”  Gray v. United States, 708 F.2d 243, 246              
          (6th Cir. 1983), affg. T.C. Memo. 1981-1.  This Court and                    
          numerous other Federal courts “have held that a conviction for               
          Federal income tax evasion, either upon a plea of guilty, or upon            
          a jury verdict of guilt, conclusively establishes fraud in a                 
          subsequent civil tax fraud proceeding through application of the             
          doctrine of collateral estoppel.”  Id.; see also Fontneau v.                 
          United States, 654 F.2d 8, 10 (1st Cir. 1981) (guilty plea);                 
          Arctic Ice Cream Co. v. Commissioner, 43 T.C. 68, 75-76 (1964)               
          (guilty plea).  We therefore hold that petitioner is collaterally            
          estopped from asserting he is not liable for the addition to tax             
          prescribed in section 6651(f) in relation to his 1989 tax year.              
               Petitioner argues he did not intend to evade taxes he knew              
          to be owing.  He claims that he wanted to, and intended to,                  
          eventually pay his taxes.  He claims that he failed to file                  
          returns only because he believed that if he filed returns, it                






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