- 16 - 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 materiallyPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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