Jefferson v. Commissioner
United States Tax Court
Held: 1. Where respondent failed to raise the affirmative defense of collateral estoppel in his pleadings or by motion, the defense is not available to him. 2. Unlike the circumstances in the prior case where the identical ultimate fact was in issue, petitioner has satisfied herein his burden of proving that he entered into a transaction for profit, thus rendering the loss incurred deductible under sec. 165(c)(2), I.R.C. 1954. 3. The doctrine of stare decisis is inapplicable…
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Held: 1. Where respondent failed to raise the affirmative defense of collateral estoppel in his pleadings or by motion, the defense is not available to him. 2. Unlike the circumstances in the prior case where the identical ultimate fact was in issue, petitioner has satisfied herein his burden of proving that he entered into a transaction for profit, thus rendering the loss incurred deductible under sec. 165(c)(2), I.R.C. 1954. 3. The doctrine of stare decisis is inapplicable because it requires adherence to principles of law but does not compel the same decision in factually distinguishable…
1Opinion of the Court
Theodore B. Jefferson, Petitioner v. Commissioner of Internal Revenue, Respondent
Jefferson v. Commissioner
Docket No. 3585-67
United States Tax Court
50 T.C. 963; 1968 U.S. Tax Ct. LEXIS 60;
September 26, 1968, Filed
Decision will be entered for the petitioner.
Held: 1. Where respondent failed to raise the affirmative defense of collateral estoppel in his pleadings or by motion, the defense is not available to him.
2. Unlike the circumstances in the prior case where the identical ultimate fact was in issue, petitioner has satisfied herein his burden of proving that he entered into a transaction for…
2Cases cited24 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Malat v. RiddellSupreme Court of the United States · 1966
- Amos v. CommissionerUnited States Tax Court · 1964
- John W. Amos v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1965
- Denver & Rio Grande Western Railroad Company v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1960
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