- 11 - 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, itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011