- 10 - Section 7121(b)(2) provides that "in any suit, action or proceeding" the closing agreement shall not be "annulled, modified, set aside or disregarded." If petitioner can contest the deficiencies and fraud additions established by Timothy Riffe's and Kathleen Pert's closing agreements, we are then "disregarding" the agreements to that extent. To allow petitioner to contest Timothy Riffe's and Kathleen Pert's tax liabilities for tax years 1986, 1988, and 1989 would conflict with section 7121, and undermine its purpose. Cases holding that res judicata applies between a transferor and a transferee are analogous. Under the doctrine of res judicata, parties and their privies to a prior action that concluded with a final decision on the merits, are bound as to all issues that were or might have been decided in the prior action. Commissioner v. Sunnen, 333 U.S. 591, 597 (1948). Res judicata applies in tax cases. United States v. International Building Co., 345 U.S. 502, 506 (1953). If res judicata applies to a taxpayer who was a party to a prior case, it also applies to persons in privity with the taxpayer. It is well settled that a transferee is in privity with the transferor for purposes of the Internal Revenue Code. Baptiste v. Commissioner, 29 F.3d 1533, 1539 (11th Cir. 1994); affg. 100 T.C. 252 (1993), affd. and revd. on other grounds 29 F.3d 433 (8th Cir. 1994); First Natl. Bank v. Commissioner, 112 F.2d 260 (7th Cir. 1940); Krueger v. Commissioner, 48 T.C. 824,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011