- 32 - a final distribution of funds in December 1999. Respondent filed several proofs of claim with the bankruptcy court to protect respondent’s rights in that bankruptcy action and also pursued petitioners’ other assets to satisfy their tax liability. Accordingly, we hold that the instant case is distinguishable on its facts from Barlow’s, Inc., and that respondent did not exercise dominion and control over the account receivable. Petitioners contend that we have jurisdiction over their 1970 and 1971 Federal income tax years. The notice of determination was issued for petitioners’ 1971 tax year. Since petitioners’ notice of determination relates only to 1971, we may consider only that year and not 1970 and 1972. See Moorhous v. Commissioner, 116 T.C. 263, 270-271 (2001). Petitioners contend that the central issue in the instant case, whether the August 15, 1978, notice of levy issued to MMI satisfied petitioners’ liability, was decided by the bankruptcy court in DeHart v. United States, 50 Bankr. 685 (Bankr. M.D. Pa. 1985), and that the principles of res judicata bind us to the decision in that case. Res judicata applies to prevent the “repetitious suits involving the same cause of action.” Commissioner v. Sunnen, 333 U.S. 591, 597 (1948). The elements of res judicata are: Identity of the parties, prior judgment by a court of competentPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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