- 7 - Further, “an individual shall not be considered to be disabled unless he furnishes proof of the existence” of his disability. Sec. 72(m)(7). Petitioner offered a medical benefits card issued by the Veterans’ Administration and some brief testimony, neither of which rises to a level sufficient to meet the standard required by the Internal Revenue Code. See sec. 72(m)(7); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Petitioner also claimed “this Tax Court has previously ruled on my late filings and accepted my disability.” But the issue of petitioner’s disability has never been litigated and decided by this Court; rather, in petitioner’s prior proceeding at docket No. 1093-04S (regarding taxable year 1999), the Court merely entered a decision pursuant to the stipulation of the parties. See United States v. Intl. Bldg. Co., 345 U.S. 502, 505 (1953) (only judgments on matters actually litigated between the parties are conclusive in another action); Peck v. Commissioner, 90 T.C. 162, 166-167 (1988) (discussing the requirements for collateral estoppel), affd. 904 F.2d 525 (9th Cir. 1990); Hart Metal Prods. Corp. v. Commissioner, T.C. Memo. 1969-164 (holding that the doctrine of collateral estoppel does not apply when a decision of the Court constitutes only a pro forma acceptance of the parties’ agreement), affd. 437 F.2d 946 (7th Cir. 1971). Without more persuasive documentation to support petitioner’s claim of disability, and without evidence that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007