- 6 - See, e.g., Gray v. Commissioner, 708 F.2d 243, 246 (6th Cir. 1983), affg. T.C. Memo. 1981-1; Amos v. Commissioner, 360 F.2d 358 (4th Cir. 1965), affg. 43 T.C. 50 (1964); Tomlinson v. Lefkowitz, 334 F.2d 262 (5th Cir. 1964); DiLeo v. Commissioner, 96 T.C. 858, 885-886 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Arctic Ice Cream Co. v. Commissioner, 43 T.C. 68 (1964); cf. Worcester v. Commissioner, 370 F.2d 713, 718 (1st Cir. 1966) (improper inducement of defendant’s waiver of right to appeal criminal judgment tainted the judgment’s finality for collateral estoppel purposes), affg. in part and vacating in part T.C. Memo. 1965-199. Petitioner cites no judicial precedent to the contrary; rather, he acknowledges, in understated fashion, that the judicial precedents are “fairly well settled” in this regard. Furthermore, petitioner acknowledges that “Normally, the sentencing guideline determination of a District Court that accepts a section 7201 plea will have no bearing on the outcome of a civil fraud penalty case under I.R.C. section 6663”. Petitioner suggests, however, that the application of collateral estoppel against him is inappropriate in this proceeding because the downward departure from the imprisonment guideline in his criminal proceeding “implies” that the District Court and U.S. attorney found it “appropriate and necessary substantially to mitigate the severity of the criminal penalties that would havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008