- 8 - B. Collateral Estoppel Petitioners contend that respondent is estopped from determining a deficiency as to their claimed IRA deduction for 2002 because of a decision document entered by this Court pursuant to a settlement by the parties that allowed petitioners an IRA deduction for 2001. Petitioners claimed an IRA deduction of $2,000 on their Federal income tax return for 2001, a year in which they had no compensation as that term is used in section 219(b)(1)(B) and (f)(1). However, the Appeals Office resolved the IRA deduction issue for 2001 in petitioners’ favor by allowing the deduction because it was substantiated by a third party. No question was raised as to whether the deduction was limited by petitioners’ compensation in that year. The IRA deduction issue for 2001 was resolved by a decision document that this Court entered on December 6, 2004, in the case of Gary H. and L. Marianne Bell v. Commissioner, docket No. 2788-04S. Respondent asserts that the decision document alone, which was signed by the parties and entered by the Court with respect to 2001, is not sufficient for invoking collateral estoppel against respondent to preclude the denial of the IRA deduction claimed by petitioners for 2002. We agree. The decision document for the tax year 2001 only effectuated a settlement of that case. There was no stipulation of facts in support of the settlement. There was no trial on the merits of the IRAPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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