- 6 - 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 instantPage: Previous 1 2 3 4 5 6 7 8 Next
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