- 35 - (D. Mass. Sept. 26, 1994). Respondent contends that the principles of collateral estoppel require us to follow the decisions in those cases. Respondent first raised the issue of collateral estoppel in respondent’s opening brief. Rule 39 requires respondent to affirmatively plead collateral estoppel in respondent’s answer to the petition.16 Respondent’s failure to specifically plead the collateral estoppel issue in his answer or in an amended or amendment to his answer constitutes a waiver of the issue, and accordingly, we will not address the issue. See Rules 39, 41; see also Bonaire Dev. Co. v. Commissioner, 76 T.C. 789, 802-803 (1981), affd. 679 159 (9th Cir. 1982); Jefferson v. Commissioner, 50 T.C. 963, 966-967 (1968). Petitioners contend that they are entitled to an abatement of interest that has accrued since 1977 on their 1971 tax liability. Petitioners failed to pay the taxes reported on their 1971 income tax return, and those taxes were only satisfied when 15(...continued) necessary for the enforcement of the provisions of the Act, � 21a(15). 11 U.S.C. � 11(a)(15). 16Rule 39 provides: Rule 39. Pleading Special Matters A party shall set forth in the party’s pleading any matter constituting an avoidance or affirmative defense, including res judicata, collateral estoppel, estoppel, waiver, duress, fraud, and the statute of limitations. A mere denial in a responsive pleading will not be sufficient to raise any such issue.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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