Opinion

Arctic Ice Cream Co. v. Commissioner

  • 43 T.C. 68
  • 1964 U.S. Tax Ct. LEXIS 29
Court
United States Tax Court
Filed
Oct 21, 1964
Status
Published
Author
Drennen
On the bench
Dawson,Withey,Drennen
Cited by
115 cases
Authority
More cited than 10.3%

noting that a guilty plea has collateral estoppel effect

How later courts described this case

  • noting that a guilty plea has collateral estoppel effect
  • improper inducement of defendant's waiver of right to appeal criminal judgment tainted the judgment's finality for collateral estoppel purposes
  • "This conviction [for criminal tax fraud] necessarily carries with it the ultimate factual determination that the resulting deficiency * * * was [attributable to civil tax fraud]"
  • " a plea of guilty * * * is a conclusive judicial admission of all of the essential elements of the offense which the indictment charges"

Written by the judges who cited it.

The opinion

DreNNEN, J., dissenting: I respectfully dissent for the reasons stated in the dissenting opinions filed in John W. Amos, 43 T.C. 50 (1964). My disagreement with the conclusion reached in this case, where the issue of fraud has not even been litigated in any court, is more pronounced than my disagreement with the conclusion reached by the majority in John W. Amos, supra, where the issue of criminal fraud was decided after a trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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