- 26 - 1. Agreed Judgment Petitioners claim the agreed judgment is evidence that theft occurred. As a result of the agreed judgment, SWAS was entitled to recover from Mr. Kanz for what he admitted were embezzlement losses. In Qualley v. Commissioner, supra, we held the introduction of lower court cases on the issue of theft was not sufficient proof of theft because the cases were settled. Similarly, in this case, the agreed judgment was entered as a result of a settlement between petitioners and Mr. Kanz and does not prove theft actually occurred.12 2. Mr. Kanz’s Admissions Petitioners argue Mr. Kanz’s admissions prove theft occurred. Even though an admission was sufficient to prove theft in Monteleone v. Commissioner, supra, the facts and circumstances in this case are distinguishable. The circumstances of Mr. Kanz’s admissions indicate he was not forthright. Mr. Kanz settled SWAS v. Kanz in 1993. At about the same time, he and Mr. Grothues executed the collateral agreement in which Mr. Grothues agreed not to attempt collection in exchange for Mr. Kanz’s assistance in resolving petitioners’ tax problems.13 Both Mr. 12Petitioners did not argue that collateral estoppel could prohibit respondent from seeking another determination of the litigated issue in this subsequent action. 13Even though the collateral agreement was not dated, according to the stipulation of facts submitted by the parties, (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011