Stern & Stern Textiles, Inc. v. Commissioner
United States Tax Court
Taxpayer now seeks excess profits tax relief under section 722 (b) of the 1939 Code for the taxable years ended September 30, 1942, 1943, 1944, 1945, and 1946. A prior decision of this Court, Huguet Fabrics Corporation, 19 T. C. 535, denied relief to the same taxpayer for the year ended September 30, 1941, on the ground of insufficiency of evidence. The issues and the collateral facts are the same in both cases.
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Taxpayer now seeks excess profits tax relief under section 722 (b) of the 1939 Code for the taxable years ended September 30, 1942, 1943, 1944, 1945, and 1946. A prior decision of this Court, Huguet Fabrics Corporation, 19 T. C. 535, denied relief to the same taxpayer for the year ended September 30, 1941, on the ground of insufficiency of evidence. The issues and the collateral facts are the same in both cases. Held, the prior decision was a decision on the merits and the doctrine of collateral estoppel prevents the taxpayer from seeking relief in these proceedings.
1Opinion of the Court
OPINION.
MulROnet, Judge:
Petitioner corporation is successor in interest to Huguet Fabrics Corporation, the petitioner in Docket No. 7292, Huguet Fabrics Corporation, 19 T. C. 535. That case involved petitioner’s claims for relief from excess profits taxes for its fiscal year ending September 30,1941. The petitions filed in the four cases now before the Court allege error in the respondent’s disallowance of applications for relief under section 722 (b) (1), (2), (3) (A), (3) (B), (4), and (5), Internal Revenue Code of 1939, for the taxable years ending September 30,1942,1943,1944,1945, and…
2Cases cited4 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Fairmont Aluminum Co. v. CommissionerUnited States Tax Court · 1954
- George Kemp Real Estate Co. v. CommissionerUnited States Tax Court · 1951
- Huguet Fabrics Corp. v. CommissionerUnited States Tax Court · 1952
3Cited by16 opinions
- Bell v. CommissionerUnited States Tax Court · 1985
- Randolph v. CommissionerUnited States Tax Court · 1980
- Lea, Inc. v. CommissionerUnited States Tax Court · 1978
- McCall v. CommissionerUnited States Tax Court · 1962
- Stern & Stern Textiles, Inc. (Successor in Interest to Huguet Fabrics Corporation) v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1959
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