- 18 - sentencing guidelines, Mr. Jacobsen stipulated that he understated his taxable income in 1987 and 1988 by $58,125 and that the corresponding tax loss was approximately $16,275. Petitioners’ stipulations in their criminal tax proceedings do not collaterally estop them from challenging the specific deficiency amount in this civil proceeding, because “the determination of an exact liability was not essential to the judgment, a prerequisite to the application of the doctrine of collateral estoppel.” Moore v. United States, 360 F.2d 353, 356 (4th Cir. 1965) (internal quotation marks omitted); see Wapnick v. Commissioner, T.C. Memo. 1997-133; Larson v. Commissioner, T.C. Memo. 1993-188. Nonetheless, petitioners’ stipulations of the amounts of understated income in their criminal tax proceedings are strong evidence that Agent Fisher’s net worth computations, and consequently respondent’s net worth computations in the notices of deficiency derived directly therefrom, are valid. See Livingston v. Commissioner, T.C. Memo. 2000-121. However, we find petitioners’ evidence in these civil cases persuasive that some adjustments to income respondent determined, in addition to those respondent conceded, must be made. We conclude that the net worth computations and nondeductible expenditures used in determining the deficiencies in tax for the years at issue should be adjusted as follows.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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