- 18 - respondent’s representative stated there were alternatives available to petitioner which, in fact, it now states now are not available due to, among other matters, res judicata. Oral argument on respondent’s motion was held at the calendar call for the Court’s trial session on which the instant case had previously been set for trial. The proceedings on respondent’s motion ended with the following: THE COURT: Would your attorney be able to -- your attorney in you[r] bankruptcy case be able to back up your contention that you were misled? MR. STRONG: She would and the expert witnesses we had at the bankruptcy hearing would otherwise be able to do that. THE COURT: At this point, the Court could not conclude that there is no substantial dispute about a material fact, and so Respondent’s motion for partial summary judgment is denied. However, Respondent’s contention that -- I guess it’s res judicata rather than collateral estoppel. MS. GLAZMAN: Yes, Your Honor. THE COURT: Respondent’s contention that res judicata precludes a determination of those issues in Petitioner’s favor in this case is never -- nevertheless has been properly raised and is still before the Court. We consider first the matters involved in respondent’s contentions as to preclusion, see Rules 39 and 41(b)(1),7 and then we consider the parties’ dispute as to petitioner’s filing status. 7Unless indicated otherwise, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011