sunnen argued december decided april arnold raum washington petitioner powell fordyce louis respondent justice murphy delivered opinion problem federal income tax consequences assignments income brought focus case stipulated facts concern taxable years inclusive may summarized follows respondent taxpayer president sunnen products company corporation engaged manufacture sale patented grinding machines tools held total shares outstanding stock corporation wife held shares held shares two others connected corporation held one share corporation board directors consisted five members including taxpayer wife board elected annually stockholders vote three directors required take binding action taxpayer entered several agreements whereby corporation licensed manufacture sell various devices applied patents return corporation agreed pay taxpayer royalty equal gross sales price devices agreements require corporation manufacture sell particular number devices specify minimum amount royalties party right cancel licenses without liability giving party written notice either six months year absence cancellation agreements continue force ten years board directors authorized corporation execute contracts notices cancellation given two agreements effect throughout taxable years two existence pertinent times june taxpayer various times assigned wife right title interest various license contracts given exclusive title power royalties accruing contracts assignments without consideration made gifts wife occurring reported taxpayer gift tax purposes corporation notified assignment corporation pursuant arrangement paid wife royalties amount license contract made royalties contract paid taxable years question wife received royalties contracts totaling included payments income tax returns years taxes paid thereon refunded relying upon prior decision estate dodson commissioner tax held one exception royalties paid wife part taxable income taxpayer one exception concerned royalties paid agreement earlier proceeding board tax appeals dealt taxpayer income tax liability years concluded taxable ther oyalties paid wife years license agreement prior determination board caused tax apply principle res judicata bar different result royalties paid pursuant agreement tax decision affirmed part reversed part eighth circuit appeals approval given tax application res judicata doctrine exclude taxpayer income royalties paid agreement extent taxpayer held taxable royalties paid wife taxable years decision reversed theory payments income conclusion circuit appeals found unnecessary decide taxpayer additional claim res judicata doctrine applied well royalties accruing apart agreement paid taxable years brought case certiorari commissioner alleging result conflicts prior decisions doctrine res judicata properly applicable royalty payments made governed prior decision board tax appeals case may disposed without reaching merits controversy accordingly cast attention initially possibility one explored tax fully argued parties us first necessary understand something recognized meaning scope res judicata doctrine judicial origin general rule res judicata applies repetitious suits involving cause action rests upon considerations economy judicial time public policy favoring establishment certainty legal relations rule provides competent jurisdiction entered final judgment merits cause action parties suit privies thereafter bound every matter offered received sustain defeat claim demand admissible matter might offered purpose cromwell county sac judgment puts end cause action brought litigation parties upon ground whatever absent fraud factor invalidating judgment see von moschzisker judicata yale restatement law judgments second action parties upon different cause demand principle res judicata applied much narrowly situation judgment prior action operates estoppel matters might litigated determined matters issue points controverted upon determination finding verdict rendered cromwell county sac supra see russell place southern pacific mercoid since cause action involved second proceeding swallowed judgment prior suit parties free litigate points issue first proceeding even though points might tendered decided time matters actually litigated determined first proceeding later relitigated party fought matter litigation party later renew duel sense res judicata usually accurately referred estoppel judgment collateral estoppel see restatement law judgments scott estoppel judgment concepts applicable federal income tax field income taxes levied annual basis year origin new liability separate cause action thus claim liability relating particular tax year litigated judgment merits res judicata subsequent proceeding involving claim tax year later proceeding concerned similar unlike claim relating different tax year prior judgment acts collateral estoppel matters second proceeding actually presented determined first suit lateral estoppel operates words relieve government taxpayer litigation identical question statute application taxpayer status tait western md co collateral estoppel doctrine capable applied avoid undue disparity impact income tax liability taxpayer may secure judicial determination particular tax matter matter may recur without substantial variation years thereafter subsequent modification significant facts change development controlling legal principles may make determination obsolete erroneous least future purposes determination perpetuated succeeding year taxpayer involved original litigation accorded tax treatment different given taxpayers class result inequalities administration revenue laws discriminatory distinctions tax liability fertile basis litigious confusion compare stone downer consequences however neither necessitated justified principle collateral estoppel principle designed prevent repetitious lawsuits matters decided remained substantially static factually legally meant create vested rights decisions become obsolete erroneous time thereby causing inequities among taxpayers two cases involve income taxes different taxable years collateral estoppel must used limitations carefully mind avoid injustice must confined situations matter raised second suit identical respects decided first proceeding controlling facts applicable legal rules remain unchanged tait western md supra legal matters determined earlier case differ raised second case collateral estoppel bearing situation see travelers ins commissioner situation vitally altered time first judgment second prior determination conclusv see state farm ins duel freeman judgments ed demonstrated blair commissioner judicial declaration intervening two proceedings may change legal atmosphere render rule collateral estoppel inapplicable intervening decision need necessarily state blair case state decision may considered changed facts federal tax litigation purposes modification growth legal principles enunciated intervening decisions may also effect significant change situation tax inequality result readily neglecting legal modulations disregarding factual changes wrought state courts either event supervening decision justly ignored blind reliance upon rule collateral estoppel henricksen seward pelham hall hassett commissioner concrete corrigan commissioner see west coast life ins merced irr contra western union tel naturally follows interposed alternation pertinent statutory provisions treasury regulations make use rule unwarranted tait western md supra course question fact essential judgment actually litigated determined first tax proceeding parties bound determination subsequent proceeding even though cause action different see evergreens nunan facts others involved second case case relating different tax year prior judgment conclusive legal issues appear assuming intervening doctrinal change relevant facts two cases separable even though similar identical collateral estoppel govern legal issues recur second case thus second proceeding may involve instrument transaction identical form separable one dealt first proceeding situation free second proceeding make independent examination legal matters issue may reach different result consistency decision considered desirable reliance may placed upon ordinary rule stare decisis party invoke collateral estoppel doctrine circumstances legal matter raised second proceeding must involve set events documents bundle legal principles contributed rendering first judgment tait western maryland supra see griswold judicata federal tax cases yale paul zimet judicata federal taxation appearing paul selected studies federal taxation series readily apparent case royalty payments growing license contracts involved earlier action board tax appeals concerned different tax years free effects collateral estoppel doctrine true even though contracts identical important respects contract one board even though issue contracts raised contract income tax purposes decided one contract conclusive contract issue however similar identical may respect instant case thus differs vitally tait western md supra two proceedings involved instruments surrounding facts difficult problem posed royalties paid taxpayer wife contract complete identity facts issues parties earlier board proceeding instant one commissioner claims however legal principles developed various intervening decisions made plain error board conclusion earlier proceeding thus creating situation like involved blair commissioner supra change legal picture said brought cases helvering clifford helvering horst helvering eubank harrison schaffner commissioner tower lusthaus commissioner cases imposed income tax liability transferors assigned transferred various forms income others within family groups although none specifically related assignment patent license contracts members family must therefore determined whether horst line cases represents intervening legal development pertinent problem raised assignment agreement makes manifest error result reached board situation doctrine collateral estoppel becomes inapplicable difference result permissible royalties paid agreement question determine whether series cases effect instant proceeding necessarily requires inquiry merits controversy growing various contract assignments taxpayer wife controversy turn payments accruing thereunder payments clearly taxable income long established mere assignment right receive income enough insulate assignor income tax liability lucas earl burnet leininger long assignor actually earns income otherwise source right receive enjoy income remains taxable problem whether different result follows taxpayer assigned underlying contracts wife addition giving right receive royalty payments taxpayer contention license contracts rather patents patent applications ultimate source royalty payments constituted property assignment freed taxpayer income tax liability deem unnecessary however meet contention case enough trace income property true source matter may become metaphysical legal tax problem concerned necessarily answered fact property properly identified assigned crucial question remains whether assignor retains sufficient power control assigned property receipt income make reasonable treat recipient income tax purposes said corliss bowers much concerned refinements title actual command property actual benefit tax paid realm assignments transfers line cases peculiar applicability specifically relating family trusts clifford case makes clear parties transfer members family group special scrutiny necessary reality one economic unit multiplied two devices though valid state law conclusive far concerned page page decision points various kinds documented direct benefits retained transferor property may cause remain taxable income therefrom also recognizes fact parties intimately related causing income remain within family group may make transfer give rise informal indirect benefits transferor make even clear tax even directly pertinent however horst case together accompanying eubank case see mertens law federal income taxation held control receipt income causes assignor property remain taxable limited situations assignee realization income depends upon future rendition services assignor see lucas earl supra burnet leininger supra may also case assignor controls receipt income acts services preceding transfer may evidenced possibility subsequent act assignor failure act causing income property revert moreover horst case recognizes assignor may realize income controls disposition received diverts payment assignee means procuring satisfaction wants receipt income assignee mee ly fruition assignor economic gain harrison schaffner supra page page emphasized vested right receive income escape tax kind anticipatory arrangement however skillfully devised procures payment another since exercise power command income enjoys benefit income tax laid also noted though gift income form accomplished temporary disposition donor property produces income donor retaining every substantial interest allowed form obscure reality page page commissioner tower supra companion case lusthaus commissioner supra reiterated various principles laid earlier decisions applied income arising family partnerships principles thus recognized developed clifford horst cases following directly applicable transfer patent license contracts members family guideposts seek determine particular instance whether assignor retains sufficient control assigned contracts receipt income assignee make fair impose income tax liability moreover clarification growth principles line cases constitute opinion sufficient change legal climate render inapplicable instant proceeding doctrine collateral estoppel relative assignment contract true cases originate concept assignor taxable retains control assigned property power defeat receipt income assignee gave much added emphasis substance concept making suited meet subtleties created taxpayers substantial amplification concept justify reconsideration earlier tax decisions reached without benefit expanded notions decisions sought perpetuated regardless present correctness thus earlier litigation board tax appeals unable bring bear assignment contract full breadth ideas enunciated horst series cases shall see proper application principles developed might well produced different result reached tax case regard assignments contracts circumstances collateral estoppel used tax instant proceeding perpetuate viewpoint assignment initial determination whether assignment various contracts rendered taxpayer immune income tax liability one made tax agency designated law find examine facts draw conclusions whether particular assignment left assignor substantial control assigned property income accrues assignee well established decision respected appeal firmly grounded evidence consistent law commissioner scottish american dobson commissioner standard therefore measuring propriety tax decision merits controversy case facts relative assignments contracts undisputed legal foundation tax judgment tax consequences assignments unable say inferences conclusions facts unreasonable light pertinent statutory administrative provisions inconsistent principles enunciated line cases indeed due regard principles leads one inescapably tax result taxpayer purported assignment wife various license contracts may properly said left something memory retained substantial interests contracts well power control payment royalties wife thereby satisfying various criteria taxability set forth group cases fact demonstrated following considerations president director owner stock corporation taxpayer remained position exercise extensive control license contracts assigning wife contracts provided either party might cancel without liability upon giving required notice gave taxpayer dominant position corporation power procure cancellation contracts entirety power nonetheless substantial taxpayer one three directors votes necessary sanction action corporation majority directors prove unamenable desires frustration woudl last longer date next annual election directors stockholders election taxpayer control reason extensive stock holdings wife assignee party contracts expressly terminable corporation without liability prevent cancellation provided necessary notice given necessary assume cancellation amount fraud corporation fraud enjoined otherwise prevented cancellation conceivably occur taxpayer corporation ready make new license contracts terms favorable corporation case fraud necessarily present concerned power procure cancellation possibility power might abused evident power exists conclusion unavoidable taxpayer retained substantial interest license contracts assigned taxpayer controlling position corporation also permitted regulate amount royalties payable wife contracts specified minimum royalties bind corporation manufacture sell particular number devices hence controlling production sales policies corporation taxpayer able increase lower royalties stop royalties completely eliminating manufacture devices covered royalties without cancelling contracts taxpayer remained owner patents patent applications since licenses gave corporation exclusive nature nothing prevent licensing firms exploit patents thereby diverting royalties wife absent indication transfer contracts effected substantial change payer economic status despite assignments license contracts royalty payments accruing thereunder remained within taxpayer intimate family group able enjoy least indirectly benefits received wife fact added legal controls retained contracts royalties fairly said taxpayer retained substance rights prior assignments see hev ering clifford supra pages pages factors make reasonable tax conclusion assignments license contracts merely involved transfer right receive income rather complete disposition taxpayer interest contracts royalties existence taxpayer power terminate contracts regulate amount royalties rendered ineffective tax purposes attempt dispose contracts royalties transactions simply reallocation income within family group reallocation shift incidence income tax liability judgment must therefore reversed case remanded proceedings may necessary light opinion reversed justice frankfurter justice jackson believe judgment tax based substantial evidence consistent law affirm judgment reasons stated dobson commissioner commissioner scottish american footnotes various devices involved follows cylinder grinder taxpayer applied patent issued one royalty agreement manufacture sell device dated agreement expired renewal agreement substantially terms executed balance life patent ends pinhole grinder taxpayer applied patent issued one june royalty agreement manufacture sell device dated crankshaft grinder taxpayer applied patent may issued one may royalty agreement manufacture sell device dated june another crankshaft grinder taxpayer applied patent assigned application wife issued patent royalty agreement manufacture sell device dated june taxpayer remained owner first three patents throughout year remained owner patent application fourth device throughout year six months notice provided agreement dated covering cylinder grinder three agreements provided one year notice cancellation taxpayer assigned wife rights title interest royalty shall accrue hereafter upon royalty contract respect cylinder grinder device since commissioner internal revenue raised question sufficiency completeness assignment taxpayer executed assignment second assignment confirmed first one stated wife assigned right title interest said royalty contract january hereby state royalties accruing said royalty contract heretofore hereafter sole exclusive property said cornelia sunnen wife hereby declare said royalties shall paid said cornelia sunnen order shall sole right collect receive receipt retain sue said royalties similar form substance assignment made three royalty contracts dodson case dodson owned stock corporation wife owned owner formula trade mark pursuant contract made corporation corporation given exclusive use formula trade mark years renewable like period dodson receive return royalty measured certain percentage net sales assigned interest contract wife retaining full interest formula trade mark tax held dominant stock position permitted cancel modify contract time thus rendering taxable income flowing wife share contract see also henricksen seward monteith pelham hall hassett commissioner concrete corrigan commissioner compare grandview dairy jones see commissioner nat bank stoddard commissioner campana corporation harrison engineer club philadelphia pertinent statutory provisions little help matter issue section revenue act stat revenue act stat cover taxable years question sections identical current internal revenue code define income include profits income derived salaries wages compensation personal service whatever kind whatever form paid professions vocations trades businesses commerce sales dealings property whether real personal growing ownership use interest property also interest rent dividends securities transaction business carried gain profit gains profits income derived source whatever see also art treasury regulations promulgated act art treasury regulations promulgated act treasury regulations promulgated internal revenue code taxpayer retained various license contracts assigned wife right receive royalty