Jani Lyn Thomas - Page 4

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               Four months after the Court entered the decision in the                
          deficiency action filed in the name of Thomas and petitioner,               
          petitioner filed a Form 8857 requesting relief for 1999.                    
               On March 28, 2003, Circuit Judge Stanley J. Latreille of the           
          State of Michigan issued in favor of petitioner, and against                
          Thomas, an ex parte personal protection order that remains in               
          effect.                                                                     
                                     Discussion                                       
          Res Judicata                                                                
               Respondent has moved for summary judgment because of the               
          prior decision entered in the deficiency action brought by                  
          petitioner and Thomas.  Respondent asks the Court to find that,             
          as a matter of law, petitioner is precluded from seeking relief             
          in this Court under section 6015 due to the judicial doctrine of            
          res judicata.                                                               
               Under the doctrine of res judicata, when a court of                    
          competent jurisdiction has entered a final judgment on the merits           
          in a cause of action, the parties to the action and those in                
          privity with them are bound as to every matter that was offered             
          and as to every matter that might have been offered in defense or           
          pursuit of the claim.  Commissioner v. Sunnen, 333 U.S. 591, 597            
          (1948).                                                                     
               As a general rule, where the Tax Court has entered a                   
          decision for a taxable year, both the taxpayer and the                      






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