Lee M. Bentley and Amsouth Bank of Florida, (f.k.a. First National Bank of Clearwater), Co-Trustees of The Seymour C. Mickler Trust, fbo Laura M. Bentley - Page 5

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            period of limitation for collection of such deficiency had                                  
            expired.  Respondent's right to collect that deficiency                                     
            continued, however, and she is now attempting to enforce that                               
            right using the remedy Congress provided when it codified the                               
            principles of transferee liability.                                                         
                  Petitioners also contend that the doctrine of res judicata                            
            precludes respondent from collecting the estate tax deficiency                              
            from them.  Specifically, petitioners argue that the doctrine of                            
            res judicata prevents respondent from relitigating the Court's                              
            decision in docket No. 15954-94 that no estate tax deficiency                               
            exists.  Respondent disagrees.  We hold for respondent.                                     
                  The doctrine of res judicata is applicable in the field of                            
            Federal taxation.  United States v. International Bldg. Co., 345                            
            U.S. 502, 506 (1953); Commissioner v. Sunnen, 333 U.S. 591, 598                             
            (1948); Krueger v. Commissioner, 48 T.C. 824 (1967).  It rests on                           
            principles of judicial economy and public policy favoring                                   
            finality of litigation and certainty in legal relations.                                    
            Commissioner v. Sunnen, supra.  In Sunnen, the Supreme Court                                
            stated that the "judgment puts an end to the cause of action,                               
            which cannot again be brought into litigation between the parties                           
            upon any ground whatever, absent fraud or some other factor                                 
            invalidating the judgment."  Id. at 597.                                                    
                  For the doctrine of res judicata to apply, three                                      
            requirements must be satisfied:  (1) The parties in the                                     
            subsequent action must be the same as or in privity with the                                




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