- 34 - in the instant case are different and, accordingly, the principles of res judicata do not apply in the instant case. See Hambrick v. Commissioner, supra at 351. Respondent contends that two cases have already addressed the central issue in the instant case; i.e., whether the August 15, 1978, notice of deficiency satisfied petitioners’ 1971 tax liability: Enos v. DeHart, 217 Bankr. 457 (Bankr. M.D. Pa. 1997),15 and Enos v. United States, Civil Action No. 90-10178-WAG 14(...continued) argument that the debtor should be subrogated to the position the IRS has, vis a vis, Enos should be afforded the debtor. We, therefore, determine that the facts of this case present a situation in which the debtor should be subrogated to the position held by the IRS pursuant to the levy. * * * 15Enos v. DeHart, 217 Bankr. 457, 465 (Bankr. M.D. Pa. 1997), states: As was observed earlier, the Enoses are ultimately liable for the tax and the entire amount of unpaid interest on tax. Notwithstanding that conclusion, I recognize the Enoses may argue that by agreeing to payment terms with Metropolitan, the Internal Revenue Service exercised such control and dominion over the account receivable owing the Enoses by Metropolitan that the Internal Revenue Service may be required to credit the taxpayer for the full amount of the value of the receivable levied upon. Barlow’s, Inc. v. United States, 36 Bankr. 826, 829 (Bank. E.D. Va.), affd. 53 Bankr. 986 (E.D. Va. 1984), affd. 767 F.2d 1098 (4th Cir. 1985). The impact of such a conclusion on the Enoses’ future liability would be pivotal. Nevertheless, in recognizing the Enoses’ overall liability to pay their taxes, including interest, I will take no position as to whether they would have any defenses to such claim. A finding as to the ultimate availability of various defenses by the Enoses to the Internal Revenue Service does not appear to be (continued...)Page: 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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