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tangentially with basis, the decision will not be treated as a
determination of basis.
In Rosenberger v. United States, 138 F. Supp. 117, 119
(E.D. Mo. 1955), affd. 235 F.2d 69 (8th Cir. 1956), it was held
that where a prior court decision affirmatively considered and
decided an issue as to the amount of gain or loss on disposition
of certain debentures, a determination of basis had occurred. In
both Gooding and Rosenberger, the trial courts rendered
substantive decisions on the merits of the issues tried that
implicitly included consideration of and a computation of the
taxpayers' tax bases.
In our view, Gooding and Rosenberger have no application
where, as in the 1989 Fong case, this Court rendered no
affirmative decision, where the case was settled, and where both
the settlement stipulation and the decision simply reflect a
summary calculation of the adjustments agreed to under the
settlement and where no explanation of the underlying grounds for
the settlement is provided either in the stipulation of
settlement or in the decision.
We agree with petitioner that the Tax Court in the 1989 Fong
case did not have occasion to consider, pass upon, or take into
account, explicitly or implicitly, the taxable bases of the
properties. The decision entered by the Tax Court in the 1989
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