- 19 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011