- 6 - no threats, promises, or representations have been made, nor agreements reached, other than those set forth in this Plea Agreement, to cause defendant to plead guilty. On June 24, 1994, the United States District Court for the Northern District of Illinois, Eastern Division, entered an order and judgment (U.S. District Court judgment) in petitioner’s criminal proceeding. The U.S. District Court judgment in peti- tioner’s criminal proceeding adjudged petitioner guilty of the four counts alleged in the superseding information and also ordered petitioner “to forfeit the following property to the United States: The amount of $65,000 to the United States”. On June 18, 1997, respondent issued to petitioner a notice of deficiency (notice) with respect to his taxable years 1987, 1988, and 1989. In that notice, respondent allowed no credit against the deficiencies, additions to tax, and penalty that respondent determined for those years (amounts due for the years at issue) for the $65,000 forfeited to the United States pursuant to the U.S. District Court judgment in petitioner’s criminal proceeding. OPINION Although not alleged in the petition, petitioner took the position at trial and takes the position on brief that he is entitled to a $65,000 credit (petitioner’s claimed credit) against the amounts due for the years at issue. In support of his position, petitioner relies on his testimony at trial that atPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011