- 11 - estoppel may be invoked against the parties and their privies to the prior judgment; (4) the parties must actually have litigated the issues, and the resolution of these issues must have been essential to the prior decision; and, (5) the controlling facts and applicable legal rules must remain unchanged from those in the prior litigation. Here, petitioners’ tax liability was incorporated into their plan for reorganization on the basis of respondent’s uncontested proof of claim, which in turn was based on petitioners’ tax returns filed during the bankruptcy proceeding. As we discussed above, there is no indication that the merits of petitioners’ tax liability were litigated in the bankruptcy proceeding or that the plan was confirmed on the bases of the underlying merits of the tax claims. Because the bankruptcy court did not enter a judgment on the bases of the merits of the tax claim, respondent is not precluded from determining a tax deficiency. See Limited Gaming of Am., Inc. v. Commissioner, T.C. Memo. 2001-273. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011