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justified.54 In his written guilty plea, petitioner admitted
that he “willfully” made and signed his 1991 and 1992 individual
tax returns that he “did not believe” [were] “true and correct”
[and] “willfully omitted true and correct information concerning”
[his] “income, knowing then that” he “had additional reportable
income” of $78,454 and $75,587 for 1991, and 1992, and that there
was additional tax due and owing on this additional income of
$19,299 and $10,377 for 1991 and 1992, respectively.
Petitioner’s conviction for filing false tax returns for
1991 and 1992, although not dispositive of the fraud issue, is a
factor to be considered in determining fraud. See Wright v.
Commissioner, 84 T.C. 636, 643-44 (1985). Petitioner admits that
he is estopped to deny that he willfully omitted $78,454 and
$75,587 of income for 1991 and 1992, respectively, but contends
that he is not estopped to deny the fraud penalty for those
years. Petitioner concedes that his conviction is relevant
evidence on the issue of fraud.
The doctrine of collateral estoppel precludes the
relitigation of any issue or fact that was actually litigated and
necessarily determined by a valid and final judgment. Peck v.
Commissioner, 90 T.C. 162 (1988), affd. 904 F.2d 525 (9th Cir.
1990); Wright v. Commissioner, supra at 639; Wilson v.
54On brief, petitioner agrees that his “conviction for 1991
and 1992 may be considered relevant on the issue of fraud.”
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