- 16 - They have a similar preclusive effect, and the policy reasons for giving final and conclusive effect to a closing agreement and a prior judgment of a court are also similar.12 Indeed, the Court of Appeals for the Ninth Circuit in Hopkins v. United States (In re Hopkins), 146 F.3d at 733 n.2, analogized the effect of a closing agreement to res judicata. See also Katz v. United States, 43 AFTR 2d 79-1124, 79-1 USTC par. 9332 (D. Mass. 1979). Given the similarities in the purpose of a closing agreement and the doctrine of res judicata, we cannot conclude any logical reason to afford section 6015 relief in the case of a prior judgment involving section 6013(e) and deny relief in the case of a closing agreement entered into before the effective date of section 6015. In both situations, the taxpayer-spouse did not have an opportunity to raise a claim for relief under section 6015. We do not perceive Congress’s failure to include specifically an exception with respect to closing agreements to 11(...continued) could have been offered and received to sustain or defeat the claim. Commissioner v. Sunnen, 333 U.S. 591, 597 (1948); Calcutt v. Commissioner, 91 T.C. 14, 21 (1988). The doctrine applies to judgments even where the Court’s final decision was based on an agreement of the parties. Trent v. Commissioner, T.C. Memo. 2002-285 (citing United States v. Bryant, 15 F.3d 756, 758 (8th Cir. 1994)). 12The purpose of a closing agreement is to once and for all terminate and dispose of tax controversies. States Steamship Co. v. IRS, 683 F.2d 1282, 1284 (9th Cir. 1982). Similarly, the doctrine of res judicata has the “dual purpose of protecting litigants from the burden of relitigating an identical issue and of promoting judicial economy by preventing unnecessary or redundant litigation.” Meier v. Commissioner, supra at 282.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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