- 11 - & Power Co. v. Commissioner, 40 T.C. 597, 654-655 (1963), vacated and remanded pursuant to stipulation (2d Cir., Feb. 15, 1965) (holding that the decision in Lewis v. Reynolds, supra, was controlling and allowing a reduction in an overpayment claimed by the taxpayer); Estate of Carruth v. Commissioner, 28 T.C. 871, 880 (1957). Applying the doctrine of Lewis v. Reynolds, supra, to this case, we find that even though assessment and collection of petitioner’s tax liability is now barred by the statute of limitations, respondent has the right to retain prior timely payments to the extent they do not exceed the amount of petitioner’s actual tax liability. [Footnotes omitted.] Our above-mentioned holding in Bachner is equally applicable to the facts in this case. The Bankruptcy Court did not determine LGA’s tax liability for the taxable years 1993 and 1994. That is abundantly clear from a review of the record in this case. We hold that respondent is not collaterally estopped from determining petitioner’s correct tax liabilities for taxable years 1993 and 1994 in order to determine if there are tax overpayments in those years because of a net operating loss carryback from the taxable year 1995. From our review of the record, we also find that the question of whether or not LGA and Sunrise were separate entities for tax purposes was not litigated by the Bankruptcy Court. The bankruptcy order confirming petitioner’s third amended plan and consolidating the bankruptcy estates of petitioner and Sunrise makes no reference to the determination of Federal taxes. Petitioner’s third amended plan did not specifically state that the substantive consolidation of the estates of petitioner andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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