Gerald Dennis Strong - Page 23




                                       - 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 that            








Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011