- 25 - to determine his tax liabilities. From petitioner’s failure to call Margulies to testify about this critical issue, we infer that if Margulies had testified, then her testimony would have been harmful to petitioner. See O’Dwyer v. Commissioner, 266 F.2d 575, 584 (4th Cir. 1959), affg. 28 T.C. 698, 703 (1957); Stoumen v. Commissioner, 208 F.2d 903, 907 (3d Cir. 1953), affg. a Memorandum Opinion of this Court dated March 13, 1953; Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). On the basis of the foregoing, we conclude that there are no special circumstances present in the instant case which warrant an exception to the normal rules of res judicata preclusion. We hold for respondent on this issue.8 II. Petitioner’s Tax Filing Status Respondent contends that petitioner filed a separate 1994 tax return, not a joint tax return, and relies on the following: (1) Mary did not sign the tax return that petitioner filed, and (2) Mary filed a separate tax return for 1994. Respondent argues that Mary neither authorized petitioner to sign the 1994 tax return on her behalf, nor consented to the filing of a joint tax return for 1994. Petitioner contends that he is entitled to the 8Accordingly, we do not consider (1) respondent’s alternative contentions as to collateral estoppel, and (2) the parties’ contentions as to the proper tax treatment of each category of petitioner’s income or receipts from NHP.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011