Dean v. Commissioner
United States Tax Court
Petitioner entered into an employment contract with a corporation. The question of whether amounts he received thereunder were partly in payment for transfers of property to the corporation was litigated before this Court with respect to the taxable year 1961 (George A. Dean, T. C. Memo. 1966-258). Attempting to introduce evidence which by due diligence he could have presented at the prior proceeding, petitioner now seeks to litigate the same issue with respect to the…
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Petitioner entered into an employment contract with a corporation. The question of whether amounts he received thereunder were partly in payment for transfers of property to the corporation was litigated before this Court with respect to the taxable year 1961 (George A. Dean, T. C. Memo. 1966-258). Attempting to introduce evidence which by due diligence he could have presented at the prior proceeding, petitioner now seeks to litigate the same issue with respect to the taxable years 1962 and 1963. Held, petitioner is collaterally estopped from relitigating the issue decided in the prior…
1Opinion of the Court
Forrester, Judge-.
Respondent has determined deficiencies in petitioners’ income tax of $4,612.19 and $5,657.45 for the taxable years ending in 1962 and 1963, respectively. The principal issue we must decide is whether certain payments received by petitioners during the years in issue constituted consideration for the transfer of property. Whether we may reach a consideration of this issue on its merits depends upon whether petitioners are barred by the doctrine of collateral estoppel. A second independent issue presented for our decision is whether petitioners are entitled to deduct as…
2Cases cited10 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Frank v. CommissionerUnited States Tax Court · 1953
- Fairmont Aluminum Company v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1955
- Fairmont Aluminum Co. v. CommissionerUnited States Tax Court · 1954
- Jack P, Stanton and Virginia G. Stanton v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1968
5 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Sydnes v. CommissionerUnited States Tax Court · 1980
- Ben Klein v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1989
- Gammill v. CommissionerUnited States Tax Court · 1974
- Calcutt v. CommissionerUnited States Tax Court · 1988
- Robert C. Honodel and Claire E. Honodel v. Commissioner of the Internal RevenueCourt of Appeals for the Ninth Circuit · 1984
49 more not listed; retrieve them via the Exa API.