KOSINSKI v. C.I.R.

No. 07-2136.

541 F.3d 671 (2008)

Timothy KOSINSKI; Barbara Kosinski, Petitioners-Appellants, v. COMMISSIONER of INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 29, 2008.


Attorney(s) appearing for the Case

ARGUED: Richard M. Lustig, Richard M. Lustig Law Office, Birmingham, Michigan, for Appellants. Bethany B. Hauser, U.S. Department of Justice, Tax Division, Washington, D.C., for Appellee. ON BRIEF: Richard M. Lustig, Richard M. Lustig Law Office, Birmingham, Michigan, for Appellants. Kenneth W. Rosenberg, Andrea R. Tebbets, U.S. Department of Justice, Washington, D.C., for Appellee.

Before: MOORE and SUTTON, Circuit Judges; ALDRICH, District Judge.


OPINION

SUTTON, Circuit Judge.

Timothy and Barbara Kosinski challenge a decision by the Tax Court upholding a tax deficiency and a fraud penalty. They raise two issues: that earlier findings made by a federal district court in the course of imposing a sentence on Timothy Kosinski in a criminal case precluded the Tax Court's deficiency findings, and that the government failed to show that the deficiency resulted from fraud. Because the district court's sentencing...

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