Thu Cuc Thi Huynh - Page 20




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               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...)           




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