T.C. Memo. 2004-128 UNITED STATES TAX COURT JOHN MARRETTA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2289-03. Filed May 27, 2004. R determined that P was liable for penalties pursuant to sec. 6663, I.R.C., for the 1992, 1993, and 1994 tax years. During those years, P received distributions from a so-called Ponzi scheme. P did not report as income the amount of the distributions. P pleaded guilty to violating sec. 7201, I.R.C., for his failure to declare the amount of the distributions he received from the scheme in 1994. During P’s plea hearing, he admitted (1) that he failed to report as income the distributions he received from the scheme in 1992, 1993, and 1994, (2) that the distributions were taxable income, and (3) that, when he filed his 1992, 1993, and 1994 Federal income tax returns without reporting the distributions as income, he acted voluntarily with the specific intent to violate a known legal duty. Held: Because P pleaded guilty to an attempt to evade or defeat tax pursuant to sec. 7201, I.R.C., for 1994, P is estopped from challenging R’s determinationPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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