- 24 - 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 thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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