- 5 - Mr. Thomas’s Notice of Pension Award, dated May 22, 1996, provided that Mr. Thomas was entitled to a monthly benefit level of $483, and was awarded a monthly disability pension of $498, retroactive to March 1, 1996, which was the “Effective Date”. Petitioners have never included Mr. Thomas’s disability pension in their gross income. In 1999, respondent examined Mr. Thomas’s Federal income tax return and accepted his position that his disability pension benefits were nontaxable.5 In both 2002 and 2003, Mr. Thomas received $5,976 in disability pension benefits, which respondent now contends are includable in petitioners’ gross income. 5In Megibow v. Commissioner, T.C. Memo. 2004-41, affd. 161 Fed. Appx. 98 (2d Cir. 2005), this Court observed: From a legal standpoint, income taxes are levied on an annual basis, such that each year represents a new liability and a separate cause of action. Commissioner v. Sunnen, 333 U.S. 591, 598-600 (1948); Fla. Peach Corp. v. Commissioner, 90 T.C. [678] 682 [(1988)]. Given this principle, collateral estoppel would not operate to establish entitlement to deductions in one year based merely on an allowance of similar deductions in a different year or years. See Barmes v. Commissioner, T.C. Memo. 2001-155 (rejecting attempts to apply collateral estoppel to depreciation deductions based on a prior litigated tax year), affd. 89 AFTR 2d 2002-2249, 2002-1 USTC par. 50,312 (7th Cir. 2002); see also Adolph Coors Co. v. Commissioner, 519 F.2d 1280, 1283 (10th Cir. 1975) (rejecting an attempt to apply collateral estoppel even though the exact issue was raised in a prior Tax Court proceeding but, because the Commissioner abandoned the issue during the litigation, no judicial determination or findings were made), affg. 60 T.C. 368 (1973).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007