- 73 - 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 ofPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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