Thu Cuc Thi Huynh - Page 12




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          Respondent filed the objection pursuant to the Court’s Notice of            
          Filing, which called for the filing of an objection by June 25,             
          2001.  In the objection, respondent maintained that collateral              
          estoppel was inapplicable with respect to the substantive issues            
          in dispute because none of the issues in the prior case were                
          actually litigated by the parties and decided by the Court.                 
               By Order dated June 27, 2001, the Court calendared                     
          petitioner’s motion for summary judgment for hearing on August 8,           
          2001.                                                                       
               On July 18, 2001, in anticipation of filing a motion for an            
          award of costs, petitioner executed a Declaration In Support Of             
          Satisfaction Of The Net Worth Requirements.  In the Declaration,            
          petitioner stated, in part, that “I fully participated in an                
          appeals office conference while the case was in a docketed                  
          status.”4                                                                   
               On August 3, 2001, the parties filed a Stipulation of Agreed           
          Adjustments.  In the stipulation, petitioner conceded the filing            
          status, standard deduction, and dependency exemption issues, and            
          respondent conceded the earned income credit issue.  On the same            
          day, petitioner filed a motion to withdraw petitioner’s motion              

               4  Respondent contends that petitioner never participated in           
          an Appeals Office conference.  We note that there is nothing in             
          the record to support petitioner’s statement; we note further               
          that in petitioner’s Reply, filed Jan. 14, 2002, see infra,                 
          petitioner appears to admit that no Appeals Office conference               
          ever occurred.                                                              






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