BURKE v. COMMISSIONER

Docket No. 15933-92.

105 T.C. 41 (1995)

EUGENE BURKE AND KATHLEEN BURKE, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed July 26, 1995.


Attorney(s) appearing for the Case

Robert J. Alter and Richard J. Sapinski, for petitioners.

Monica E. Koch and Janet F. Appel, for respondent.


OPINION

HALPERN, Judge:

This matter is before the Court on the parties' motions for summary judgment (respondent's motion and petitioners' motion, respectively). Both petitioners and respondent have moved for summary adjudication with regard to a question of res judicata. The question is whether the rule of res judicata precludes respondent from litigating an additional deficiency in tax (and additions to tax) on account of petitioners' alleged fraud...

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