- 23 - discharged, (2) proceeding in the Bankruptcy Court would not prevent petitioner from relitigating the taxability of the amounts he received under the settlement agreement in a proceeding before this Court, and (3) permitting the Bankruptcy Court to determine petitioner’s tax liability for 1994 would be quicker than permitting this Court to make the determination. We disagree with petitioner for the following reasons. Firstly, petitioner claims that, if he were not misled into inadvertently giving up his rights, he would have been able to have this Court rule on the merits of his tax contentions. At the time that, petitioner asserts, he was being lured into agreeing to allow the Bankruptcy Court to deal with his 1994 tax liability, (1) petitioner was already in the Bankruptcy Court because he filed a bankruptcy petition, (2) respondent had submitted in the Bankruptcy Court a claim for petitioner’s 1994 tax liability, (3) the notice of deficiency had not yet been issued, and (4), of course, petitioner had not yet filed a petition with the Tax Court. Petitioner has not explained what practical course he would otherwise have followed in order to have the Tax Court rule on his tax contentions before the Bankruptcy Court ruled on respondent’s claim, and thereby avoid res judicata. See, e.g., secs. 6503(h), 6213(f); McClamma v. Commissioner, 76 T.C. 754 (1981). Accordingly, we conclude thatPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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