Legal Opinion

Parker v. Commissioner

United States Tax Court

Decided June 3, 1985No. Docket No. 14082-83UnpublishedCited by 1 opinion

Petitioner was convicted in a State criminal trial of 157 counts of theft of more than $300, resulting from petitioner's embezzlement of more than $530,000. Held: (1) Petitioner's conviction does not collaterally estop petitioner from denying that the embezzled funds are includible in his gross income under section 61(a), I.R.C. 1954, on the ground that he acted under the control of various third parties and so should be treated as a conduit.

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Petitioner was convicted in a State criminal trial of 157 counts of theft of more than $300, resulting from petitioner's embezzlement of more than $530,000. Held: (1) Petitioner's conviction does not collaterally estop petitioner from denying that the embezzled funds are includible in his gross income under section 61(a), I.R.C. 1954, on the ground that he acted under the control of various third parties and so should be treated as a conduit. (2) Respondent has failed to show that petitioner's "conduit" theory does not raise a genuine dispute as to any material fact; respondent's motion for…

1Opinion of the Court

ROBERT N. PARKER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Parker v. Commissioner

Docket No. 14082-83.

United States Tax Court

T.C. Memo 1985-263; 1985 Tax Ct. Memo LEXIS 367; 50 T.C.M. (CCH) 14; T.C.M. (RIA) 85263;

June 3, 1985.

Petitioner was convicted in a State criminal trial of 157 counts of theft of more than $300, resulting from petitioner's embezzlement of more than $530,000.

Held: (1) Petitioner's conviction does not collaterally estop petitioner from denying that the embezzled funds are includible in his gross income under section 61(a), I.R.C. 1954, on the ground that he…

2Cases cited36 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  4. Montana v. United StatesSupreme Court of the United States · 1979
  5. Commissioner v. SunnenSupreme Court of the United States · 1948

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3Cited by1 opinion

  1. Webb v. Internal Revenue Service of the United StatesDistrict Court, D. Massachusetts · 1993

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