Volunteer State Life Ins. Co. v. Commissioner
United States Board of Tax Appeals
RES JUDICATA - CONSENT JUDGMENT. - In a prior proceeding certain points or questions were litigated and determined, after full hearing and consideration upon the merits. Thereafter, the decision of the Board was reversed by the Circuit Court of Appeals, pursuant to stipulation of the parties, and final judgment was entered by the Board in accordance with the mandate of the court and agreement of the parties.
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RES JUDICATA - CONSENT JUDGMENT. - In a prior proceeding certain points or questions were litigated and determined, after full hearing and consideration upon the merits. Thereafter, the decision of the Board was reversed by the Circuit Court of Appeals, pursuant to stipulation of the parties, and final judgment was entered by the Board in accordance with the mandate of the court and agreement of the parties. Held, the former judgment is not res judicata, nor determinative of the issues raised in the present proceedings.
1Opinion of the Court
OPINION.
Hill:
These proceedings, duly consolidated for hearing, involve deficiences in petitioner’s income tax for the years 1929 and 1930 in the amounts of $1,676.21 and $2,757.98, respectively.
In the original pleadings the following issues were raised: (1) Whether respondent erred in including in income the rental value of space occupied by petitioner in its home office building; (2) whether respondent erred in disallowing a portion of the deductions claimed by petitioner for investment expense by holding that items of general expense were in part assigned to or included in investment…
2Cases cited8 opinions
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
- Helvering v. Independent Life InsuranceSupreme Court of the United States · 1934
- United States v. PughSupreme Court of the United States · 1879
- Rockford Life Insurance v. CommissionerSupreme Court of the United States · 1934
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Commissioner v. Volunteer State Life Ins.Court of Appeals for the Sixth Circuit · 1940
- Union Cent. Life Ins. Co. v. CommissionerUnited States Tax Court · 1981
- Trapp v. United StatesDistrict Court, W.D. Oklahoma · 1948
- Carter v. CommissionerUnited States Board of Tax Appeals · 1937
- Davis v. CommissionerUnited States Tax Court · 1955
4 more not listed; retrieve them via the Exa API.