Thomas Y. Wallace - Page 11




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               Accordingly, we find that respondent’s reconstruction                  
          correctly determined petitioner’s taxable income.                           
          Fraudulent Failure To File for 1989                                         
               Section 6651(f) generally provides that if any failure to              
          file any return is fraudulent, there shall be added to the amount           
          required to be shown as tax on the return 15 percent of the                 
          amount of such tax if the failure to file is for less than a                
          month, with an additional 15 percent for each additional month or           
          fraction thereof during which the failure continues, not                    
          exceeding 75 percent in the aggregate.  Respondent bears the                
          burden of proving fraud under section 6651(f) by clear and                  
          convincing evidence.  See sec. 7454(a); Rule 142(b); Parks v.               
          Commissioner, 94 T.C. 654, 660-661 (1990).                                  
               Respondent argues that petitioner is collaterally estopped             
          from denying liability for the addition to tax under section                
          6651(f) because petitioner pleaded guilty to a violation of                 
          section 7201 in taxable year 1989.                                          
               The doctrine of collateral estoppel is intended to avoid               
          repetitious litigation by precluding the relitigation of any                
          issue of fact or law that was actually litigated and that                   
          resulted in a final judgment.  See Montana v. United States, 440            
          U.S. 147, 153 (1979).  “Under the doctrine of collateral estoppel           
          a party is precluded from litigating an issue if (1) the                    
          identical issue has been (2) actually litigated in a prior suit             







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