Fred Allnutt - Page 15




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          bound by every matter that was or could have been offered and                 
          received to sustain or defeat the claim.  Commissioner v. Sunnen,             
          333 U.S. 591, 597 (1948); Calcutt v. Commissioner, 91 T.C. 14, 21             
          (1988).  Res judicata applies to tax cases.  Commissioner v.                  
          Sunnen, supra; Calcutt v. Commissioner, supra.  In Commissioner               
          v. Sunnen, supra at 598, the Supreme Court said:                              
               Income taxes are levied on an annual basis.  Each year                   
               is the origin of a new liability and of a separate                       
               cause of action.  Thus if a claim of liability or non-                   
               liability relating to a particular tax year is                           
               litigated, a judgment on the merits is res judicata as                   
               to any subsequent proceeding involving the same claim                    
               and the same tax year. * * *                                             
               Res judicata applies to all matters which were or might have             
          been offered in the prior case.  Nevada v. United States, 463                 
          U.S. 110, 129-130 (1983); Federated Dept. Stores, Inc. v. Moitie,             
          452 U.S. 394, 398 (1981); Commissioner v. Sunnen, supra at 597.               
          Issues which affect the computation of tax liability that were or             
          could have been litigated in a prior case are part of the cause               
          of action which are barred if res judicata applies.  Boyd v.                  
          Commissioner, 101 T.C. 365, 371 (1993); Trost v. Commissioner, 95             
          T.C. 560, 566 (1990).                                                         
               Three requirements must be satisfied for res judicata to                 
          preclude relitigation of a taxpayer’s tax liability.  Two of                  
          these requirements are that:  (1) The parties in the second case              
          must be the same as or in privity with the parties in the first               
          case, and (2) the first case must have resulted in a final                    






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