Legal Opinion

Wright v. Commissioner

United States Tax Court

Decided April 8, 1985No. Docket No. 35147-83PublishedCited by 113 opinions

Held: Petitioner's conviction under sec. 7206(1), I.R.C. 1954, does not collaterally estop petitioners from denying that any part of their underpayment for 1978 was due to fraud, within the meaning of sec. 6653(b), I.R.C. 1954. Respondent's motion for partial summary judgment denied. Goodwin v. Commissioner, 73 T.C. 215 (1979), and Considine v. Commissioner, 68 T.C. 52 (1977), overruled.

1Opinion of the Court

OPINION

Tannenwald, Judge-.

Deficiencies in petitioners’ Federal income taxes having been agreed to and the resultant tax assessed, respondent determined the following additions to petitioners’ Federal income taxes:

Additions to tax

Taxable year sec. 6653(b)1

1976.$743.98

1977.2,299.86

1978.6,905.03

The case is before this Court on respondent’s motion for partial summary judgment under Rule 121(b) on the issues of petitioners’ understatement of income for the years in issue, petitioners’ underpayments of tax for the years in issue, and the addition to tax for 1978. After concessions,2 the sole issue…

2Cases cited30 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Cromwell v. County of SacSupreme Court of the United States · 1877
  4. United States v. PomponioSupreme Court of the United States · 1976
  5. United States v. BishopSupreme Court of the United States · 1973

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

3Cited by113 opinions

  1. Niedringhaus v. CommissionerUnited States Tax Court · 1992
  2. Kevin J. Morse v. Commissioner of Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2005
  3. Vastola v. CommissionerUnited States Tax Court · 1985
  4. Franklin v. CommissionerUnited States Tax Court · 1993
  5. Estate of Reis v. CommissionerUnited States Tax Court · 1986

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

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