Legal Opinion

Meier v. Commissioner

United States Tax Court

Decided August 22, 1988No. Docket No. 10278-77PublishedCited by 136 opinions

P and his former employer H were parties to a proceeding for an accounting in the Federal District Court for the District of Utah. H was successful in seeking an accounting from P, and the District Court found that P had "secretly [diverted] funds * * * for his own use and benefit."

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P and his former employer H were parties to a proceeding for an accounting in the Federal District Court for the District of Utah. H was successful in seeking an accounting from P, and the District Court found that P had "secretly [diverted] funds * * * for his own use and benefit." R, who was not a party to the accounting proceeding, seeks to offensively utilize collateral estoppel to preclude P from denying his diversion of the funds in connection with P's failure to report such amounts as income on his Federal income tax returns. The use, in a current proceeding, of collateral estoppel as…

1Opinion of the Court

GERBER, Judge:

Respondent, in a statutory notice dated May 24, 1977, determined deficiencies and additions to petitioners’ income tax as follows:

Year Deficiency Sec. 6653(b) addition1

1968 $26,141.28 $13,070.64

1969 1,504,622.39 752,311.20

1970 379,230.45 189,615.23

The issues for our consideration are: (1) Whether petitioners are collaterally estopped from relitigating certain facts found by the Federal District Court in an action for an accounting brought by Hughes Tool Co. against petitioner John Meier;2 (2) whether petitioners failed to report income from the sale of mining claims to Hughes…

2Cases cited63 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Welch v. HelveringSupreme Court of the United States · 1933
  3. Allen v. McCurrySupreme Court of the United States · 1980
  4. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  5. Montana v. United StatesSupreme Court of the United States · 1979

58 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. Niedringhaus v. CommissionerUnited States Tax Court · 1992
  2. York v. StateCourt of Criminal Appeals of Texas · 2011
  3. Smith v. CommissionerUnited States Tax Court · 1988
  4. Monahan v. CommissionerUnited States Tax Court · 1997
  5. Franklin v. CommissionerUnited States Tax Court · 1993

131 more not listed; retrieve them via the Exa API.

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