Harvey M. Pert, Transferee - Page 16

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          bars him from contesting the deficiencies and additions to tax              
          for 1987 as stipulated by Kathleen Pert for herself and Timothy             
          Riffe.  Petitioner urges us to reconsider those cases.                      
               One of the requirements for res judicata to apply is that              
          the earlier proceeding must have resulted in a final judgment on            
          the merits.  Commissioner v. Sunnen, 333 U.S. 591 (1948); Peck v.           
          Commissioner, 90 T.C. 162, 166 (1988), affd. 904 F.2d 525 (9th              
          Cir. 1990); Gammill v. Commissioner, 62 T.C. 607, 613 (1974).               
          Petitioner asserts that it is at best a legal fiction to treat a            
          stipulated decision as a judgment on the merits.  Petitioner                
          asserts that Kathleen Pert agreed to the stipulated decision                
          because she lacked funds, and that she filed bankruptcy 8 months            
          after the stipulated decision was entered.  In spite of                     
          petitioner's argument, we decline to reconsider the well-                   
          established principle that a Tax Court decision entered pursuant            
          to the stipulation of the parties is considered to be judgment on           
          the merits for purposes of res judicata.  See Baptiste v.                   
          Commissioner, supra at 1539-1541; see also United States v. Intl.           
          Building Co., 345 U.S. at 506.                                              
               To reflect the foregoing,                                              

          Orders will be issued                                                       
          granting respondent's motions                                               
          for partial summary judgment.                                               






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