Nelson I. and Esther S. Goodman - Page 7

                                        - 7 -                                         
          attaches, extends to the entire subject of the correct tax for              
          the particular year.”  Erickson v. United States, 159 Ct. Cl.               
          202, 309 F.2d 760, 767 (1962).                                              
               An agreed or stipulated judgment is a judgment on the merits           
          for purposes of res judicata.  Baker v. IRS, 74 F.3d 906, 910               
          (9th Cir. 1996); accord Erickson v. United States, supra at 768;            
          Krueger v. Commissioner, 48 T.C. 824, 828-829 (1967); see also              
          United States v. Intl. Bldg. Co., 345 U.S. 502, 503-506 (1953)              
          (upholding res judicata effect of stipulated Tax Court                      
          decisions).                                                                 
               Respondent issued to petitioners a notice of deficiency for            
          1995.  Petitioners petitioned for redetermination, and the case             
          was concluded without trial by entry of a stipulated decision on            
          February 25, 2002.  Petitioners, however, argue that res judicata           
          does not apply because petitioner, Nelson Goodman, “believed that           
          Petitioner would be entitled to a hearing by the IRS                        
          notwithstanding submissions to the Tax Court”.  Petitioners also            
          allege that they were misled by an agent of respondent into                 
          thinking that the deficiency was open for further consideration;            
          essentially they are asserting an estoppel against respondent.              
          Petitioners have provided no authority for the proposition that             
          mistake or estoppel is an exception to the application of res               
          judicata.                                                                   







Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011