Charles Jerome Posnanski - Page 2

                                        - 2 -                                         

               The issues for decision1 are:  (1) Whether petitioner’s                
          civil tax liabilities for 1989, 1990, 1991, 1992, and 1993 were             
          satisfied in his prior criminal proceeding; and (2) whether                 
          petitioner is liable for the fraud penalty under section 66632              
          for the years 1989, 1990, 1991, 1992, and 1993.                             
                                  FINDINGS OF FACT                                    
               Most of the facts have been stipulated and are so found.               
          The stipulation of facts, supplemental stipulation of facts, and            
          the attached exhibits are incorporated herein by this reference.            
          Petitioner resided in Cheyenne, Wyoming, at the time he filed his           
               Petitioner was the president and principal owner of the Bank           
          of Manawa, Wisconsin (the Bank), from June of 1976 through and              

               1Petitioner and Lois Posnanski filed joint returns for each            
          of the years in issue.  If a joint return is filed, the liability           
          with respect to the tax is normally joint and several.  See sec.            
          6013(d)(3). The notice of deficiency upon which this case is                
          based was addressed only to petitioner.  Petitioner argues on               
          brief that his former wife, Lois Posnanski, is liable for half of           
          any civil tax liability owed by petitioner because she signed the           
          joint returns for the years in issue and she knew and encouraged            
          his “retaliation against congressional self-dealing.”  Generally,           
          our jurisdiction over a taxpayer is based on a notice of                    
          deficiency having been sent to the taxpayer and the filing of a             
          timely petition by that taxpayer.  See sec. 6213(a).  Neither               
          occurrence is alleged with respect to Lois Posnanski, and                   
          petitioner alleges no other basis for our jurisdiction.                     
          Accordingly, we find petitioner’s argument without merit.                   
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              

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