Lea, Inc. v. Commissioner
United States Tax Court
Petitioner acquired the business of a competitor. The tax consequences of payments made by petitioner for that business in 1962 were decided by the Court of Claims in Davee v. United States, 195 Ct.
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Petitioner acquired the business of a competitor. The tax consequences of payments made by petitioner for that business in 1962 were decided by the Court of Claims in Davee v. United States, 195 Ct. Cl. 184, 444 F.2d 557 (1971), cert. denied 425 U.S. 912 (1976), rehearing denied 425 U.S. 1000 (1976). Respondent determined a deficiency in petitioner's Federal corporate income taxes for later years, part of which is attributed to deductions which would be disallowed under the prior decision. Held, petitioner is estopped by the prior judgment from relitigating the deductibility of payments in…
1Opinion of the Court
OPINION
Tietjens, Judge:
Respondent has determined the following deficiencies in petitioner’s Federal corporate income taxes:
<30 *3 a C* Deficiency
co CO C5 $42,380.00
^ CO Oi r — i ..28,249.99
to CO Oí rH ..39,064.33
co CO C5 t-H ..30,492.58
There are several issues in this case, but only one is raised presently. Respondent has pleaded collateral estoppel as an affirmative defense for part of the above deficiencies. Pursuant to Rule 121, Tax Court Rules of Practice and Procedure, respondent has moved for a summary judgment in his favor on that defense. Thus the issue is whether petitioner is…
2Cases cited16 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Tait v. Western Maryland Railway Co.Supreme Court of the United States · 1933
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- United States v. MoserSupreme Court of the United States · 1924
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3Cited by19 opinions
- Southern Pacific Transp. Co. v. CommissionerUnited States Tax Court · 1980
- Calcutt v. CommissionerUnited States Tax Court · 1988
- Gene L. Kreider and Estate of Berniece L. Kreider, Deceased, Gene L. Kreider v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
- Union Carbide Corp. v. CommissionerUnited States Tax Court · 1980
- Joe Esco South-West Tire Co. v. United StatesDistrict Court, W.D. Oklahoma · 1983
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