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 6

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            parties to the prior action; (2) the claims in the subsequent                               
            litigation must be in substance the same as those in the prior                              
            litigation; and (3) the earlier litigation must have resulted in                            
            a final judgment on the merits.  Nevada v. United States, 463                               
            U.S. 110, 130 (1983); Commissioner v. Sunnen, supra at 597.                                 
                  Pursuant to section 6901(h), petitioners, as trustees, are                            
            considered transferees of the estate.  For purposes of res                                  
            judicata, a transferee of property is in privity with a                                     
            transferor of such property.  Estate of Egan v. Commissioner, 28                            
            T.C. 998, 999 (1957), affd. 260 F.2d 779 (8th Cir. 1958).  In                               
            addition, the Court's determination that the period of                                      
            limitations had expired with respect to the estate is a final                               
            decision on the merits.  Sec. 7459(e); Saso v. Commissioner, 93                             
            T.C. 730, 734 (1989); Badger Materials, Inc. v. Commissioner, 40                            
            T.C. 1061, 1063 (1963); United Business Corp. of Am. v.                                     
            Commissioner, 19 B.T.A. 809, 832 (1930), affd. 62 F.2d 754 (2d                              
            Cir. 1933).                                                                                 
                  Petitioners' argument must be rejected, however, because the                          
            claim presented in the instant case is not the same as the claim                            
            presented in Estate of Mickler v. Commissioner, docket No. 15954-                           
            94.  See Gulf States Steel Co. v. United States, 287 U.S. 32, 44                            
            (1932); American S.S. Co. v. Wickwire Spencer Steel Co., 8 F.                               
            Supp. 562, 566 (S.D.N.Y. 1934); cf. Estate of Hunt v. United                                
            States, 309 F.2d 146, 148 (5th Cir. 1962).  While petitioners                               
            contend that the tax respondent seeks to collect in the instant                             




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