- 7 - 1985). Accordingly, petitioner’s prior conviction under section 7201 collaterally estops him from denying in the present civil tax proceeding: (1) That petitioner’s failure to report the unreported funds resulted in an underpayment in his 1996 income tax; and (2) that at least part of the underpayment is due to fraud within the meaning of section 6663. With respect to these issues, respondent is entitled to summary judgment. In his motion for summary judgment, respondent concedes that petitioner is not collaterally estopped from challenging the precise amount of the deficiency, inasmuch as the precise amount of the “diverted funds” was not a necessary element of petitioner’s section 7201 conviction. Respondent nevertheless contends that he is entitled to summary judgment on this issue. Respondent points to petitioner’s admission in the criminal case that he received $1,551,863 that he failed to report on his 1996 tax return. Respondent also points to petitioner’s March 24, 2005, letter to the IRS, wherein he acknowledged that the amount of his unreported income was “approximately USD1,550,000”, as well as to the undisputed fact that between August 1999 and September 2001 petitioner repaid the government $1,590,000. Petitioner contends that the evidence as to the amount of his unreported income is “inconsistent and, on that basis, inconclusive”. Petitioner contends that respondent has failed toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011