Joseph F. and Caroline Enos - Page 32

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         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 competent              






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