- 9 - deduction issue. Trapp v. United States, 177 F.2d 1, 5 (10th Cir. 1949); Riter v. Commissioner, 3 T.C. 301, 305 (1944). The U.S. Court of Appeals for the Tenth Circuit in Trapp explained the effect of a decision document entered in a prior year by the Tax Court, without a trial or receiving evidence, as follows: A judgment, not predicated upon stipulated facts, or upon findings of fact, or upon a determination on the merits, but merely to carry out a compromise agreement of the parties, fails to constitute an effective judicial determination of any litigated right. Fruehauf Trailer Co. v. Gilmore, 10 Cir., 167 F.2d 324. And a decision of that kind rendered by the Tax Court will not support a plea of estoppel in a case of this nature involving liability for income tax for a different year. Blaffer v. Commissioner, 5 Cir., 134 F.2d 389; Hartford-Empire Co. v. Commissioner, 2 Cir., 137 F.2d 540, certiorari denied, 320 U.S. 787, 64 S.Ct. 196, 88 L.Ed. 473; Riter v. Commissioner, 3 T.C. 301. [Trapp v. United States, supra at 5.] Therefore, we hold that collateral estoppel does not apply here. To reflect the foregoing and concessions made by the parties, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011