- 15 - II. Decision Document Additionally, respondent requests that if the Court concludes that petitioner is entitled to a refund, the Court include language in the decision document protecting respondent’s right to challenge the validity of the carrybacks that resulted in the subsequent tentative refund for 1985. Respondent’s request arises from an unpublished opinion of the U.S. Court of Appeals for the Eighth Circuit that upheld a U.S. District Court’s decision that the United States was barred under res judicata principles from subsequently recovering a tentative refund pursuant to section 6213(b)(3). See Bradley v. United States, 106 F.3d 405 (8th Cir. 1997), affg. Civil No. 3-94-1514 (D. Minn., Jan. 30, 1996). Because petitioner does not object to the language itself,17 the parties are directed to include the language in a stipulation drafted by the parties to accompany the decision document. To the extent not herein discussed, we have considered the parties’ other arguments and found them to be irrelevant or without merit. 17 Petitioner objects only to the language being placed in the decision document itself instead of in a stipulation to the decision document.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011