- 20 - It is well settled that a judgment is conclusive in an action only as to matters actually litigated and determined in the prior action and that where a decision of this Court constitutes only a pro forma acceptance of an agreement between the parties to settle their controversy for reasons undisclosed, there has been no such determination as is required for the application of the doctrine of collateral estoppel. United States v. International Bldg. Co., 345 U.S. 503. In the prior case no trial or argument was had and no stipulations of facts or briefs were filed. Our decision of no deficiency was entered pro forma upon the basis of an agreement of the parties to settle the case for reasons undisclosed. Accordingly, the doctrine of collateral estoppel has no application here. Petitioner also contends that it was unreasonable for respondent to require adequate substantiation for the adjustments in issue because (so petitioner alleges) such substantiation was already in respondent’s files for petitioner’s 1998 taxable year. However, petitioner’s argument ignores the fact that “each taxable year stands on its own and must be separately considered.” Pekar v. Commissioner, 113 T.C. 158, 166 (1999); see Rinehart v. Commissioner, T.C. Memo. 2002-9; see also Auto. Club of Mich. v. Commissioner, 353 U.S. 180, 183-184 (1957). In other words, each taxable year stands on the facts existing in that year, and, as experience teaches, the facts may change from year to year.7 7 Petitioner cites Nguyen v. Commissioner, T.C. Memo. 2001- 41, for the proposition that the Commissioner is not substantially justified when he fails to examine information already in his possession. Petitioner’s reliance on the Nguyen case is misplaced, however. In that case, the Commissioner had obtained documentation for the year in issue from the taxpayer. Having solicited that documentation, we held that it was (continued...)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