- 7 - lieu of live testimony in the instant case, Mr. Biskupic and petitioner’s attorney in his criminal proceeding, Robert E. Meldman, both stated that they believed that petitioner’s civil tax liabilities were not resolved as a result of the criminal proceedings. OPINION Petitioner has conceded the amounts of the underpayments set forth in the notice of deficiency. Petitioner appears to argue that the doctrine of collateral estoppel applies to bar respondent from seeking civil tax liabilities against him. Alternatively, petitioner argues that he is not liable for the civil fraud penalty. Petitioner appears to argue that he is not liable for the underpayments because the plea agreement in his criminal proceeding disposed of his civil tax liabilities for the years in issue. The doctrine of collateral estoppel provides that once an issue of fact or law is “actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.” Montana v. United States, 440 U.S. 147, 153 (1979). However, for collateral estoppel to apply, resolution of the disputed issue must havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011