- 20 - action thus puts an end to the cause of action, which the parties cannot later litigate upon any ground whatever, absent a showing of fraud or some other factor which would invalidate the judgment. See Commissioner v. Sunnen, 333 U.S. at 597; Kroh v. Commissioner, 98 T.C. at 398. Three requirements must be satisfied for the doctrine of res judicata to apply: (1) The parties in the second case are the same as or in privity with the parties in the first case; (2) the cause of action in the second case is in substance the same as that in the first case; and (3) the first case resulted in a final judgment on the merits by a court of competent jurisdiction. See Nevada v. United States, 463 U.S. 110, 129-130 (1983); Federated Department Stores, Inc. v. Moitie, 452 U.S. 394, 398 (1981); Commissioner v. Sunnen, 333 U.S. at 597. Petitioner and respondent were parties in petitioner’s bankruptcy case. Thus, the first element of res judicata is satisfied. See, e.g., Florida Peach Corp. v. Commissioner, 90 T.C. 678, 682 (1988). The second element of res judicata requires that the cause of action in the second case be in substance the same as the cause of action in the first case. Each taxable year “is the origin of a new liability and of a separate cause of action.” Commissioner v. Sunnen, 333 U.S. at 598. If a claim of liability or nonliability for a particular tax year is litigated, then aPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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