- 16 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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