- 8 - 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 proceedingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011