Camille D. Sands, et al. - Page 11

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          these deductions.  Sands offered no evidence to substantiate that           
          Lone Star paid the amounts in dispute.  Sands submitted a payment           
          notice addressed to her showing interest due on a loan in which             
          she was the borrower.  Petitioners submitted two other statements           
          showing interest paid on a loan to Kips Bay Associates, an entity           
          that Murphy described as an investment of his.  There is no                 
          evidence that the interest amounts shown on the loan statements             
          were Lone Star's obligations or that Lone Star paid those                   
          amounts.  There is no evidence that Lone Star paid the "other               
          deductions" during the years in issue.  We sustain respondent's             
          determination as to these items.                                            
               3.  Application of Res Judicata or Collateral Estoppel                 
               Sands argues that the terms of two settlements entered into            
          between Murphy and respondent should apply to her as well.  Sands           
          argues that the doctrines of collateral estoppel and res judicata           
          bind respondent to this result.  We do not agree.                           
               Sands rests her argument on two cases filed by Murphy, which           
          involved Murphy's taxable years 1985 and 1986:  Murphy v.                   
          Commissioner, docket No. 4949-91, and Murphy v. Commissioner,               
          docket No. 5150-91 (docket Nos. 4949-91 and 5150-91).  Those                
          cases involved Murphy's deductions associated with Lone Star.               
          Those cases were never tried, and Sands was not a party in either           
          case.  Murphy and respondent settled those cases and agreed that            
          no deficiencies in income taxes were due and that no addition to            
          tax under section 6651(a) was due for each of Murphy's taxable              




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