- 16 - judgment on the merits by a court of competent jurisdiction. Commissioner v. Sunnen, supra; see Nevada v. United States, supra; Federated Dept. Stores, Inc. v. Moitie, supra. The first requirement is met here because the parties are identical in both cases. The second requirement is met because Allnutt I resulted in a final judgment on the merits.4 This is so because a decision based on a party’s failure to state a claim on which relief may be granted is a decision on the merits with full res judicata effect. State Farm Mut. Auto. Ins. Co. v. Dyer, 19 F.3d 514, 518 n.8 (10th Cir. 1994); Winslow v. Walters, 815 F.2d 1114, 1116 (7th Cir. 1987). The third requirement is that the cause of action, i.e., the tax liability, in the second case must be the same as in the prior case. Petitioner contends that the third requirement is not met because net operating loss carryforwards at issue in the instant case were not at issue in Allnutt I. Petitioner’s argument is an attempt to sidestep well-settled principles of res judicata. To prevail on a net operating loss carryforward claim, petitioner must show that (1) he had a loss in a prior year; i.e., that his deductions, losses, or credits exceeded his taxable income in a prior year; and (2) the prior year’s loss may be applied against income in a later year. Sec. 172. Obviously, 4 Petitioner does not dispute that the first and second requirements are met. Petitioner is attempting in substance to reopen closed years.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011