Marvin L. Barmes and Barbara J. Barmes - Page 73




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          the burden of proof on that issue.                                          
               Petitioners’ Reliance on Facts Found in                                
               Barmes v. Commissioner, T.C. Memo. 2000-254                            
               In support of their position regarding the depreciation                
          deductions at issue, it appears that petitioners are arguing that           
          under the doctrine of collateral estoppel the Court is required             
          to find as facts in this case the facts that we found in Barmes             
          v. Commissioner, T.C. Memo. 2000-254.  Barmes involved, inter               
          alia, petitioners’ claim to Schedule C depreciation deductions              
          for 1994 with respect to petitioners’ two automobiles, which we             
          rejected.  The instant case involves, inter alia, petitioners’              
          claim to Schedule C depreciation deductions for 1995 with respect           
          to those same two automobiles.                                              
               In Commissioner v. Sunnen, 333 U.S. 591 (1948), the Supreme            
          Court examined and discussed the doctrine of collateral estoppel            
          as it applies in Federal income tax cases.  The Supreme Court               
          stated in pertinent part:                                                   
               Income taxes are levied on an annual basis.  Each year                 
               is the origin of a new liability and of a separate                     
               cause of action.  Thus if a claim of liability or non-                 
               liability relating to a particular tax year is liti-                   
               gated, a judgment on the merits is res judicata as to                  
               any subsequent proceeding involving the same claim and                 
               the same tax year.  But if the later proceeding is                     
               concerned with a similar or unlike claim relating to a                 
               different tax year, the prior judgment acts as a col-                  
               lateral estoppel only as to those matters in the second                
               proceeding which were actually presented and determined                
               in the first suit.  Collateral estoppel operates, in                   
               other words, to relieve the government and the taxpayer                
               of “redundant litigation of the identical question of                  






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