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determined of 50 percent of the interest due on $370,360, and
under section 6654 in the amount of $19,881. The deficiency was
based on respondent’s determination that petitioner had not
reported $970,000 of income from the distribution of marijuana.
Unless otherwise indicated, section references are to the
Internal Revenue Code in effect for the year in issue, and all
Rule references are to the Tax Court Rules of Practice and
Procedure.
Respondent’s motion for partial summary judgment is limited
to the issue of whether petitioner is collaterally estopped from
disputing that there is an underpayment of his tax for 1987 and
that some part of the underpayment is due to fraud within the
meaning of section 6653(b).
On September 29, 1993, the U.S. Attorney filed with the U.S.
District Court for the District of Nevada in United States v.
John Steven Fagan, Criminal No. N-92-61-HDM, a three count
Information: Count One--Conspiracy to import in excess of 1,000
kilograms of marijuana/asset forfeiture; Count Two--Unreported
exportation of currency in excess of $10,000; and Count Three--
Felony tax evasion. The Information further described Count
Three as Section 7201--Income tax evasion. In Count Three, the
Information set forth the accusation that John Steven Fagan
(Fagan) (petitioner in this case) had received taxable income of
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