Opinion

Koprowski v. Commissioner

  • 138 T.C. 54
  • 138 T.C. No. 5
  • 2012 U.S. Tax Ct. LEXIS 5
Court
United States Tax Court
Filed
Feb 6, 2012
Status
Published
Author
Holmes
On the bench
Gustafson, Judge-, Colvin, Cohen, Halpern, Foley, Vasquez, Gale, Thornton, Goeke, Wherry, Kroupa, Holmes, Morrison, Marvel, Paris
Cited by
28 cases
Authority
More cited than 13.8%

citing, among other cases, Allen v. McCurry , 449 U.S. 90 , 94 , 101 S. Ct. 411 , 66 L. Ed. 2d 308 (1980)

How later courts described this case

  • citing, among other cases, Allen v. McCurry , 449 U.S. 90 , 94 , 101 S. Ct. 411 , 66 L. Ed. 2d 308 (1980)
  • Court issued an order advising the taxpayer to supplement his pleadings with documents and present specific facts showing a genuine issue for trial

Written by the judges who cited it.

The opinion

Holmes, J., concurring: I agree with the rest of the Court that a final decision in an S case precludes any claim in a later case that could have been raised, subject to the statur tory exception of section 6015(g)(2). I write separately only to note that the same result will certainly follow when the Court finally addresses the question of whether decisions in S cases collaterally estop losing parties from relitigating the same issues in later cases. See Mitchell v. Commissioner, 131 T.C. 215, 221-39 (2008) (Holmes, J., concurring).

The Supreme Court has reminded us that we should not “carve out an approach to administrative review good for tax law only.” Mayo Found. for Med. Educ. & Research v. United States, 562 U.S. _ , _, 131 S. Ct. 704 , 713 (2011). The same goes for the federal common law of judgments: “The preclusive effect of a federal-court judgment is determined by federal common law.” Taylor v. Sturgell, 553 U.S. 880, 891 (2008). It is not our job to try to figure out whether preclusion is a good policy or a bad one and in what circumstances we think it best applies: “A fundamental precept of common-law adjudication, embodied in the related doctrines of collateral estoppel and res judicata, is that a ‘right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction . . . cannot be disputed in a subsequent suit between the same parties or their privies.”’ Montana v. United States, 440 U.S. 147, 153 (1979) (quoting S. Pac. R.R. Co. v. United States, 168 U.S. 1, 48-49 (1897)).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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