- 9 - necessary and essential to a judgment on the merits. Fourth, collateral estoppel can be invoked only against parties and their privies who were part of the prior litigation. Id.; see also Montana v. United States, supra at 153-155; M.J. Wood Associates, Inc. v. Commissioner, T.C. Memo. 1998-375. Petitioner pleaded nolo contendere to charges under section 7203 for willfully failing to file Federal income tax returns and pay taxes. Not a single issue, including petitioner’s tax liabilities and additions to tax for the years at issue, was actually litigated during petitioner’s criminal proceeding as a result of his nolo plea. In the criminal proceeding a judicial determination did not occur with respect to petitioner’s tax liability since it was not litigated nor was it an essential element of the Government’s case. See Hickman v. Commissioner, supra at 538. Consequently, petitioner cannot invoke collateral estoppel to limit his tax liability to the amount of restitution ordered by the District Court.4 See id.; see also Morse v. Commissioner, T.C. Memo. 2003-332. 4This does not, however, change the fact that the District Court ordered petitioner to pay restitution. Given the factual circumstances of this case, we believe that the restitution ordered was to be paid to respondent. We therefore expect petitioner’s tax liability to be offset by any payments of restitution petitioner made. See Toney v. Commissioner, T.C. Memo. 2003-333; Wallace v. Commissioner, T.C. Memo. 2000-49; cf. M.J. Wood Associates, Inc. v. Commissioner, T.C. Memo. 1998-375.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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