Warren R. Follum - Page 13




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               Petitioner argues that respondent failed to provide him with           
          proper notice and demand for payment under section 6303.                    
          Respondent counters that petitioner had an opportunity to raise             
          that argument in the New York case and is now barred from raising           
          it by the doctrine of res judicata.                                         
               According to the judicial doctrine of res judicata:                    
               when a court of competent jurisdiction has entered a                   
               final judgment on the merits of a cause of action, the                 
               parties to the suit and their privies are thereafter                   
               bound “not only as to every matter which was offered                   
               and received to sustain or defeat the claim or demand,                 
               but as to any other admissible matter which might have                 
               been offered for that purpose.” * * *                                  
          Commissioner v. Sunnen, 333 U.S. 591, 597 (1948) (quoting                   
          Cromwell v. County of Sac, 94 U.S. 351, 352 (1877)); see Wooten             
          v. Commissioner, T.C. Memo. 2003-113.                                       
               Neither party disputes that the parties herein and the                 
          parties in the New York case are the same.                                  
               Petitioner brought both cases for relief from liens arising            
          from the same tax liability.  In response to the Government’s               
          motion for summary judgment in the New York case, petitioner                
          claimed that the Government had failed to give him timely notice            
          and demand for payment.                                                     
               In both the instant case and the New York case, petitioner             
          has sought cessation of tax collection action with respect to his           
          1990 through 1993 income taxes on the ground that the Government            
          did not comply with the requirements of section 6303.  While                







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