John C. Vanderschraaf and Cornelia Vanderschraaf, et al. - Page 16

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          the present case are not the same parties as were involved in the           
          prior case -- res judicata would not apply.  Simmons v. Union News          
          Co., 341 F.2d 531, 533 (6th Cir. 1965); Leishman v. Radio Condenser         
          Co., 167 F.2d 890 (9th Cir. 1948).                                          
               We have applied stare decisis when faced with repetitive               
          litigation involving the Federal income tax consequences of                 
          investments in related tax shelter partnerships.  See Pearlman v.           
          Commissioner, T.C. Memo. 1995-182; Kott v. Commissioner, T.C. Memo.         
          1995-181; Eisenberg v. Commissioner, T.C. Memo. 1995-180; Decker v.         
          Commissioner, T.C. Memo. 1995-38; Brown v. Commissioner, T.C. Memo.         
          1994-43; Kozlowski v. Commissioner, T.C. Memo. 1993-430, affd.              
          without published opinion 70 F.3d 1279 (9th Cir. 1995); Walsh v.            
          Commissioner, T.C. Memo. 1993-421, revd. in part on another issue           
          without published opinion 72 F.3d 136 (9th Cir. 1995).                      
               With regard to Tech-1979 and Winfield, on the one hand, and            
          Technology-1980 (one of the partnerships involved in Krause v.              
          Commissioner, supra), on the other, petitioners allege that a               
          material difference exists based on a variation between the license         
          agreements of Tech-1979 and Winfield and the license agreements of          
          Technology-1980.  Petitioners did not present any credible evidence         
          to establish how the alleged difference is material.                        
               Respondent's expert witness testified that although Tech-              
          1979's and Winfield's license agreements had a somewhat different           
          structure from Technology-1980's, they were not materially                  






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