Thomas F. Noons - Page 8

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          contends that the doctrine of res judicata does not preclude him            
          from claiming equitable relief under section 6015(f).  We                   
          disagree.                                                                   
               This Court has already rejected petitioner’s precise                   
          contention in a previous case.  In Thurner v. Commissioner, 121             
          T.C. 43, 51-52 (2003), the Court concluded that a claim for                 
          equitable relief under section 6015(f) is subordinate and                   
          ancillary to a claim for relief under section 6015(b) or (c),               
          and, therefore, that section 6015(f) is subject to the same                 
          standards for the application of the doctrine of res judicata               
          imposed under section 6015(g)(2).  See Fernandez v. Commissioner,           
          114 T.C. 324, 330-331 (2000).  In Thurner v. Commissioner, supra,           
          the Court thus held that the doctrine of res judicata as                    
          delineated in section 6015(g)(2) with respect to claims for                 
          relief from joint and several liability applies equally to claims           
          for relief under section 6015(b), (c), and (f).  Accordingly, we            
          also reject petitioner’s same contention in the instant case.               
               Petitioner litigated the merits of respondent’s notice of              
          deficiency at trial on May 17, 1999, in Houston, Texas.                     
          Thereafter, a decision was entered that petitioner and Ms. Pena             
          were liable for income tax of $35,080 and an addition to tax of             
          $2,490.  Petitioner and Ms. Pena did not appeal that decision,              
          which became final.  See secs. 7481(a)(1), 7483.  The causes of             
          action that form the basis for this case and the prior proceeding           






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