Maurice C. Wilson and Dorris E. Wilson - Page 9




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               All of the facts on which respondent relies in respondent’s            
          motion have been deemed established and deemed admitted.  Those             
          facts include the material facts on which we may proceed to                 
          resolve the issues in respondent’s motion.  We conclude that                
          there are no genuine issues of material fact regarding those                
          issues.                                                                     
               With respect to respondent’s determinations of deficiencies            
          and accuracy-related penalties for the taxable years 1993 and               
          1994, on the record presented, we sustain those determinations.             
               With respect to the fraud penalties under section 6663 that            
          respondent determined against Mr. Wilson for the taxable years              
          1993 and 1994, respondent contends in respondent’s motion that,             
          under Amos v. Commissioner, 43 T.C. 50, 54-55 (1964), affd. 360             
          F.2d 358 (4th Cir. 1965), “the prior criminal judgments for tax             
          evasion are conclusive and binding on Mr. Wilson, and he is                 
          estopped from denying in this case that * * * [he] willfully                
          filed a false and fraudulent income tax return for the taxable              
          years 1993 and 1994, with the intent to evade tax.”                         
               In Montana v. United States, 440 U.S. 147 (1979), the                  
          Supreme Court of the United States (Supreme Court) examined and             
          discussed the doctrine of collateral estoppel.  The Supreme Court           
          stated in pertinent part:                                                   
               Under collateral estoppel, once an issue 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                  





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