Thu Cuc Thi Huynh - Page 19




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               In the present case, respondent never received adequate                
          substantiation regarding petitioner’s claimed filing status and             
          dependency exemption deduction, and petitioner ultimately                   
          conceded those issues.  In contrast, by June 2001, respondent               
          received adequate substantiation regarding petitioner’s claimed             
          earned income credit, and respondent immediately conceded that              
          issue unconditionally.                                                      
               Petitioner contends that it was unreasonable for respondent            
          to require adequate substantiation for the adjustments in issue             
          because respondent was collaterally estopped from even making               
          those adjustments.6  In this regard, petitioner points to the               
          decision in petitioner’s favor that was entered in docket No.               
          18517-99S regarding the taxable year 1998.  However, petitioner’s           
          argument ignores the fact that none of the issues in the prior              
          case was actually litigated by the parties and decided by the               
          Court.  See Peck v. Commissioner, 90 T.C. 162, 166-167 (1988),              
          affd. 904 F.2d 525 (9th Cir. 1990), discussing the requirements             
          for collateral estoppel.  Rather, in the case at docket No.                 
          18517-99S, the Court merely entered decision pursuant to the                
          stipulation of the parties.  In this regard, what we said many              
          years ago in Hart Metal Prods. Corp. v. Commissioner, T.C. Memo.            
          1969-164, affd. 437 F.2d 946 (7th Cir. 1971) is apropos:                    

               6  We note that petitioner’s contention appears to be                  
          inconsistent with her concession in the present case of the                 
          issues related to filing status, standard deduction, and the                
          dependency exemption deduction.                                             




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