- 16 - The Court, on the evidence offered, finds that petitioner participated meaningfully throughout the prior proceeding. Exception From Res Judicata Absent an exception from res judicata, petitioner is barred under section 6015(g)(2) from seeking relief under subsection (c) in this proceeding. Petitioner’s counsel cites Smaczniak v. Commissioner, 998 F.2d 238 (5th Cir. 1993), revg. T.C. Memo. 1991-87, arguing that the Court of Appeals for the Fifth Circuit relied on “common sense” to craft an exception to ameliorate the strict application of res judicata. This case is not bound by the law of the Fifth Circuit, and in any event, Smaczniak is distinguishable. In Smaczniak, the Commissioner voluntarily redetermined the taxpayer’s liability after a final decision was entered. Id. at 242-243. The Court of Appeals held that this was akin to a “subsequent modification of the significant facts” so as to render inapplicable the effect of res judicata for the same taxable years in a subsequent proceeding. Id. at 243. In the prior proceeding, however, respondent did not voluntarily redetermine petitioner’s liabilities after the entry of the final decision. Therefore, Smaczniak is not applicable. The Court has considered the remaining arguments raised in petitioner’s trial memorandum and supplement trial memorandum and finds that they are unconvincing. The Court has no authority toPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007