- 12 - which (3) could not have been decided without resolving the issue.” In re Raiford, 695 F.2d 521, 523 (11th Cir. 1983); see Williams v. Bennett, 689 F.2d 1370, 1381 (11th Cir. 1982). “The use of a criminal conviction as conclusive of an issue in subsequent civil litigation, though not universally accepted, is well established today.” In re Raiford, 695 F.2d at 523. For purposes of applying collateral estoppel, there is no difference between a judgment of conviction based upon a guilty plea and a judgment of conviction rendered after a trial on the merits. See Arctic Ice Cream Co. v. Commissioner, 43 T.C. 68, 75 (1964); see also United States v. Killough, 848 F.2d 1523, 1528 (11th Cir. 1988). It is well settled that a conviction under section 7201 collaterally estops a taxpayer from denying fraud for purposes of former section 6653(b).3 See Blohm v. Commissioner, 994 F.2d 1542, 1554 (11th Cir. 1993), affg. T.C. Memo. 1991-636; Amos v. 3 The substance of sec. 6653(b), before amendment by sec. 7721(a) of the Omnibus Budget Reconciliation Act of 1989 (OBRA 1989), Pub. L. 101-239, 103 Stat. 2106, 2395, now appears in secs. 6651(f) and 6663, which are effective generally for returns the due date of which is after Dec. 31, 1989. Before amendment by OBRA 1989, sec. 6653(b)(1) provided: In General.--If any part of any underpayment * * * of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 75 percent of the portion of the underpayment which is attributable to fraud.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011