Oliver W. and Edna D. Wilson - Page 23




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          jurisdiction over this case, Freytag v. Commissioner, supra at              
          41, and we denied petitioners’ motion.  Although petitioners in             
          their posttrial briefs again attempt to challenge this Court’s              
          jurisdiction in this case, we reject petitioners’ jurisdictional            
          argument.                                                                   
               We also reject petitioners’ allegations that the tax                   
          liabilities at issue in this case were fully litigated in their             
          bankruptcy proceeding and that the doctrine of res judicata                 
          operates to preclude additional litigation in this Court.  The              
          record is devoid of any evidence demonstrating that the subject             
          tax liabilities were ever litigated in any of petitioners’                  
          bankruptcy proceedings.  In fact, the order of discharge relied             
          upon by petitioners expressly states that the debts for most                
          taxes are not discharged in a chapter 7 bankruptcy case and that            
          any party to that case may request that it be reopened to                   
          determine whether a particular debt has been discharged.  See               
          Neilson v. Commissioner, 94 T.C. 1, 9 (1990) (Tax Court lacks               
          jurisdiction to decide whether income tax deficiencies were                 
          discharged in bankruptcy).  Moreover, petitioners have made no              
          effort to explain how the elements of res judicata are satisfied            
          by the record in this case.  Consequently, we reject petitioners’           
          bankruptcy-related arguments, and we proceed to the substantive             
          issues presented in this case.                                              








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