-26- petitioner). However, the Consent Judgment contains no mention of the assignment of the accounts receivable. Further, there is no evidence in the record regarding the degree of scrutiny of the DOL's investigation into the assignment. The parties to the Consent Judgment agreed that the entry of the judgment was a final adjudication of all claims, obligations, penalties and remedies related to the allegations in the complaint, but they did not admit or deny any of the allegations. We find that the DOL in the Consent Judgment did not rule on whether a prohibited transaction occurred. Therefore, the IRS' position is not contrary to the DOL's position in the Consent Judgment. Furthermore, the Consent Judgment expressly provided that it was not binding on any government agency other than the DOL. By its terms, the Consent Judgment did not limit respondent's authority to determine excise tax deficiencies regarding the assignment of accounts receivable. Thoburn v. Commissioner, 95 T.C. 132, 143 (1990).14 We hold that the Consent Judgment does not prevent respondent from determining an excise tax under section 4975(a) and (b) against petitioner. As previously indicated, we sustain respondent's determination. 14 In Thoburn v. Commissioner, 95 T.C. 132, 143 (1990), the Court, in interpreting the DOL settlement at issue, noted that it was a contract, and its effect should be governed by the principles applicable to contracts. Therefore, the Court looked to the objectively manifested intent of the parties. Id.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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