Michael W. Keller - Page 30

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          439 F.3d at 1254-1256; Sanders v. Commissioner, T.C. Memo. 2005-            
          163.  Petitioner’s reliance on Bales was unreasonable.                      
               On the basis of the above, we conclude that petitioner did             
          not have reasonable cause for his underpayments of tax.                     
               2.  Judicial Estoppel                                                  
               In general terms, petitioner asks the Court to “apply the              
          doctrine of judicial estoppel to facts Respondent has asserted in           
          previous litigation.”  Petitioner does not elaborate.                       
          Presumably, petitioner is arguing that because the U.S.                     
          Government successfully prosecuted Hoyt for fraud, respondent is            
          somehow judicially estopped from asserting an accuracy-related              
          penalty against petitioner.                                                 
               The doctrine of judicial estoppel prevents a party from                
          asserting a claim in a legal proceeding that is inconsistent with           
          a position successfully taken by that party in a previous                   
          proceeding.  New Hampshire v. Maine, 532 U.S. 742, 749 (2001).              
          Among the requirements for judicial estoppel to be invoked, a               
          party’s current litigating position must be “clearly                        
          inconsistent” with a prior litigating position.  Id. at 750-751.            
               Respondent’s position in asserting an accuracy-related                 
          penalty against petitioner is in no manner inconsistent with the            
          position taken by the United States in the criminal conviction of           
          Hoyt.  See, e.g., Goldman v. Commissioner, 39 F.3d at 408                   
          (taxpayer-appellants’ argument that an investment partnership               






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