Robert Newstat - Page 24

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          consideration.  Sec. 6512(b); Barton v. Commissioner, 97 T.C.               
          548, 552-554 (1991).                                                        
               The validity of the assessment is therefore a matter that              
          could have been raised and litigated in connection with the                 
          deficiency proceeding, which involved the identical parties and             
          the same tax year.  Accordingly, because the decision in that               
          case was not appealed and has since become final, res judicata              
          precludes petitioner from now disputing the validity of the                 
          underlying 1985 assessment in this collection action.                       
               Petitioner’s sole argument on brief with respect to res                
          judicata rests on his complaint that the 1985 case was concluded            
          by a stipulated decision.  Petitioner states in this regard:                
          “There are no details presented to Court as to what was                     
          considered to reach that stipulation between the parties; res               
          judicata depends upon judgment on the merits.  In that case the             
          judgment was entered by practice, and or [sic] procedure which is           
          distinguished from judgment on merits.”                                     
               Contrary to petitioner’s position, however, it is well-                
          settled, blackletter law that “For res judicata purposes, an                
          agreed or stipulated judgment is a judgment on the merits.”                 
          Baker v. IRS, 74 F.3d 906, 910 (9th Cir. 1996); see also United             
          States v. Intl. Bldg. Co., 345 U.S. 502, 503-506 (1953)                     
          (upholding res judicata effect of stipulated Tax Court decisions,           
          regardless of whether the underlying agreement reached the                  






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