Gerald Dennis Strong - Page 20




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          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 a              






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