- 9 - 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 actionPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011