- 9 - Rule 91(f). Ambroselli v. Commissioner, T.C. Memo. 1999-158. On the basis of our review of the record, we conclude that respondent has clearly and convincingly proven both prongs of the two-part test for fraud. Petitioner is deemed under Rule 91(f) to have stipulated that “a part of each deficiency for 1986, 1987, 1988, and 1989, was due to fraud with the intent to evade taxes”. As to 1986, petitioner is also deemed to have stipulated that he pled guilty to a violation of section 7201. Petitioner’s conviction of criminal tax evasion for 1986 under section 7201 collaterally estops him from denying that his underpayment of income tax for 1986 was due to fraud for purposes of section 6653(b). See, e.g., Johnson v. Sawyer, 47 F.3d 716, 722 (5th Cir. 1995); Gray v. Commissioner, 708 F.2d 243 (6th Cir. 1983), affg. T.C. Memo. 1981-1; Castillo v. Commissioner, supra at 409- 410; Brooks v. Commissioner, 82 T.C. 413, 431 (1984), affd. without published opinion 772 F.2d 910 (9th Cir. 1985); Amos v. Commissioner, 43 T.C. 50 (1964), affd. 360 F.2d 358 (4th Cir. 1965). We sustain respondent’s determinations of the additions to tax and the accuracy-related penalty for fraud. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011