- 12 - Respondent filed the objection pursuant to the Court’s Notice of Filing, which called for the filing of an objection by June 25, 2001. In the objection, respondent maintained that collateral estoppel was inapplicable with respect to the substantive issues in dispute because none of the issues in the prior case were actually litigated by the parties and decided by the Court. By Order dated June 27, 2001, the Court calendared petitioner’s motion for summary judgment for hearing on August 8, 2001. On July 18, 2001, in anticipation of filing a motion for an award of costs, petitioner executed a Declaration In Support Of Satisfaction Of The Net Worth Requirements. In the Declaration, petitioner stated, in part, that “I fully participated in an appeals office conference while the case was in a docketed status.”4 On August 3, 2001, the parties filed a Stipulation of Agreed Adjustments. In the stipulation, petitioner conceded the filing status, standard deduction, and dependency exemption issues, and respondent conceded the earned income credit issue. On the same day, petitioner filed a motion to withdraw petitioner’s motion 4 Respondent contends that petitioner never participated in an Appeals Office conference. We note that there is nothing in the record to support petitioner’s statement; we note further that in petitioner’s Reply, filed Jan. 14, 2002, see infra, petitioner appears to admit that no Appeals Office conference ever occurred.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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