Legal Opinion

S-K Liquidating Co. v. Commissioner

United States Tax Court

Decided July 30, 1975No. Docket No. 1798-74PublishedCited by 23 opinions

Rule 120, Tax Court Rules of Practice and Procedure. -- Held, that a Tax Court stipulated decision with respect to a deficiency determined for petitioner's failure to withhold income tax on income earned by a nonresident alien for the calendar years 1968 and 1969, under neither I.R.C. sec. 6212(c) nor the doctrine of res judicata, bars respondent from asserting another deficiency against the same petitioner for corporate income taxes for its fiscal year ended Oct. 31, 1969.

1Opinion of the Court

OPINION

Hall, Judge:

Respondent determined a deficiency of $384,677 for S-K Liquidating. Co.’s taxable year ended October 31, 1969. This matter is before us on petitioner’s preliminary motion for judgment on the pleadings pursuant to Rule 120, Tax Court Rules of Practice and Procedure. The immediate issue for resolution is whether respondent is precluded from asserting the current deficiency because of an earlier Tax Court decision which petitioner contends conclusively determined petitioner’s income tax liability for the year at issue.

Petitioner S-K Liquidating Co., formerly Skagit Corp. and…

2Cases cited11 opinions

  1. Commissioner v. SunnenSupreme Court of the United States · 1948
  2. United States v. SanchezSupreme Court of the United States · 1950
  3. Kurtzon v. CommissionerUnited States Tax Court · 1952
  4. Atlas Oil & Refining Corp. v. CommissionerUnited States Tax Court · 1954
  5. Joseph T. Miller and Crystal v. Miller v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1956

6 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Midland Mortg. Co. v. CommissionerUnited States Tax Court · 1980
  2. Northern Ind. Pub. Serv. Co. v. CommissionerUnited States Tax Court · 1993
  3. Stamm International Corp. v. CommissionerUnited States Tax Court · 1985
  4. Inverworld, Ltd. v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1992
  5. Batchelor-Robjohns v. United StatesCourt of Appeals for the Eleventh Circuit · 2015

18 more not listed; retrieve them via the Exa API.

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