- 30 - 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 partnershipPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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