4:25-cv-03316•Ohendalski v. United States of America
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Richard S. Ohendalski, Plaintiff, v. United States of America, Defendant. § § § § § § § § § § Civil Action No. 4:25-cv-03316 MEMORANDUM AND RECOMMENDATION This is a tax dispute that Defendant United States of America (the “Government”) has moved to dismiss under Fed. R. Civ. P. 12(b)(6). Dkt. 6. After carefully considering the motion, Plaintiff Richard S. Ohendalski’s response, Dkt. 7, the Government’s reply, Dkt. 8, the pleadings, and the applicable law, it is recommended that the motion to dismiss (Dkt. 6) be granted. Background The relevant facts are drawn from the pleadings and the records of related cases that are proper subjects of judicial notice. See Canada v. United States, 950 F.3d 299, 313 n.16 (5th Cir. 2020) (taking judicial notice “of the record in prior related proceedings”); Fed. R. Evid. 201(b)(2), (d) (authorizing judicial notice “at any stage of the proceeding” of facts “not subject to United States District Court Southern District of Texas ENTERED January 29, 2026 Nathan Ochsner, Clerk Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 1 of 10
2 reasonable dispute” that are “readily determined from sources whose accuracy cannot reasonably be questioned”). In this suit, Ohendalski seeks federal income tax refunds for 2002, 2003, and 2004. Dkt. 1 at 1. But his tax liabilities for those years were resolved in two prior cases: (a) in a U.S. Tax Court decision that was affirmed by the Fifth Circuit; and (b) in the Government’s ensuing case in this Court to collect outstanding taxes from Ohendalski. See Richard Ohendalski & Kay Ohendalski v. Comm’r of Internal Revenue, No. 19021-12 (T.C. June 12, 2014), aff’d, 605 F. App’x 457 (5th Cir. 2015) (per curium); Dkt. 6-1 at 3-5 (copy of the Tax Court opinion); United States v. Ohendalski, Civil Action No. 4:22-cv- 02949, 2024 WL 2094656 (S.D. Tex. May 9, 2024) (Hoyt, J.). In the first of those cases, Ohendalski and his wife petitioned the Tax Court to redetermine their income tax deficiencies for 2002, 2003 and 2004. See Dkt. 6-1 at 3-5 (Tax Court Order). During trial, the parties announced that they had reached a settlement and read the terms into the record. Id. at 3. When the Commissioner moved to enter a decision based on the settlement, however, Ohendalski objected. Id. The Tax Court found Ohendalski’s objection to be in bad faith as “an orchestrated attempt to avoid his agreed resolution of this case ....” Id. at 3-4. Because the Ohendalskis had not claimed the Commissioner’s computations were inconsistent with the settlement’s terms, the Tax Court granted the Commissioner’s motion and found Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 2 of 10
3 Ohendalski liable for tax deficiencies in 2002 through 2004 totaling $933,507, late-filing penalties totaling $233,377, and civil-fraud penalties totaling $443,415.83. Id. at 4 (citing 29 U.S.C. §§ 6651(a)(1) and 6663 for penalties). Ohendalski appealed the Tax Court’s decision, but the Fifth Circuit affirmed. See Ohendalski, 605 F. App’x at 457. The Fifth Circuit observed that the Ohendalskis failed to provide an alternative to the Tax Court’s computation, remarking that the Ohendalskis “have had many full opportunities to resolve any error in the taxes they owe or in this judgment, and have always avoided those opportunities.” Id. Years later, the Government sought to collect outstanding taxes from Ohendalski and his entities, including the same unpaid taxes and penalties that the Tax Court had resolved. See United States’ Original Complaint, United States v. Ohendalski, Civil Action No. 4:22-cv-2949, Dkt. 1 (S.D. Tex. Aug. 30, 2022). By then, the amount he owed for 2002 through 2004 had ballooned to $3,701,469.28, which accounted for accrued penalties, interest, statutory additions, plus some civil penalties for two other tax years (2010 and 2016). See Ohendalski, 2024 WL 2094656, at *2. After filing suit, the IRS recovered about $3.2 million from assets owned by Ohendalski or entities that he controlled and applied it to the balance. Id. at *1. Ohendalski eventually paid the rest. Id. The Court barred Ohendalski from challenging those liabilities via an administrative claim because, “consistent with his past Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 3 of 10
4 conduct” in the Tax Court, Ohendalski had “refused” opportunities to “rebut the facts, ... essentially defaulting on the claim.” Id. at *3. More than a year later, Ohendalski filed this suit seeking income tax refunds under 26 U.S.C. § 7422(a) for the same three tax years: 2002, 2003, and 2004. Dkt. 1 at 1. The Government moved to dismiss the complaint, invoking res judicata. See Dkt. 6. Ohendalski responded, Dkt. 7, and the Government replied, Dkt. 8. The motion to dismiss is ripe for resolution. Legal standard To survive dismissal under Rule 12(b)(6), a party must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 556). An affirmative defense can provide grounds for dismissal under Rule 12(b)(6) if the defense is established on the face of the pleadings. See Kansa Reinsurance Co. v. Cong. Mortg. Corp. of Tex., 20 F.3d 1362, 1366 (5th Cir. 1994). When conducting this inquiry, the Court can consider documents referenced and incorporated in the complaint and any facts for which judicial notice is appropriate. See Funk v. Stryker Corp., 631 F.3d 777, 782-83 (5th Cir. Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 4 of 10
5 2011) (affirming judicial notice of publicly available documents containing matters of public record when resolving Rule 12(b)(6) motion). Analysis The Government argues Ohendalski’s suit is barred by res judicata. According to the Government, Ohendalski’s tax liabilities for the relevant years were resolved by the Tax Court in 2012 and by this Court in 2024. Dkt. 6 at 8. Ohendalski responds that res judicata does not apply, both because the Tax Court decision was entered pursuant to a settlement, and because his refund suit is a distinct cause of action. See Dkt. 7 at 2-3. Ohendalski is incorrect on both fronts, and his case should be dismissed. “The preclusive effect of a prior federal court judgment is controlled by federal res judicata rules.” Ellis v. Amex Life Ins. Co., 211 F.3d 935, 937 (5th Cir. 2000). Federal law “bars the litigation of claims that either have been litigated or should have been raised in an earlier suit.” Duffie v. United States, 600 F.3d 362, 372 (5th Cir. 2010) (quotation omitted). “To preclude parties from contesting matters that they have had a full and fair opportunity to litigate protects their adversaries from the expense and vexation attending multiple lawsuits, conserves judicial resources, and fosters reliance on judicial action by minimizing the possibility of inconsistent decisions.” Montana v. United States, 440 U.S. 147, 153-54 (1979). Thus, “[d]ismissal of a claim based on res judicata is proper if (1) the parties are Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 5 of 10
6 identical or in privity; (2) the judgment in the prior action was rendered by a court of competent jurisdiction; (3) the prior action was concluded by a final judgment on the merits; and (4) the same claim or cause of action was involved in both actions.” Devins v. Armstrong, 161 F.4th 922, 926 (5th Cir. 2025) (quotation omitted). Here, all the res judicata requirements are met. Ohendalski does not dispute the first two res judicata elements. This suit involves the same parties as the previous two decisions. Both the U.S. Tax Court and this Court also had jurisdiction to render their judgments. See 26 U.S.C. § 6214(a) (conferring jurisdiction on the Tax Court “to redetermine the correct amount of the deficiency”); id. § 7402(a) (stating that federal district courts have jurisdiction “to render such judgments ... as may be necessary or appropriate” to enforce “internal revenue laws”); 28 U.S.C. § 1340 (granting jurisdiction over civil actions arising under federal tax laws). As to the third element, Ohendalski argues that the Tax Court did not enter a final judgment on the merits because its decision hinged on a settlement agreement. Dkt. 7 at 2. For res judicata purposes, however, a judgment reached by agreement is nonetheless “entitled to full res judicata effect.” See Matter of Teal, 16 F.3d 619, 621-22 (5th Cir. 1994) (further observing that “simply because the Tax Court decision was reached by agreement does not mean that Teal’s income tax was not resolved by a final judgment on the merits for the purposes of res judicata”) (alterations and Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 6 of 10
7 quotation omitted); see also Matter of West Tex. Mktg. Corp., 12 F.3d 497, 500- 01 (5th Cir. 1994) (giving preclusive effect to a judgment entered pursuant to the taxpayer’s settlement agreement with the IRS). Settled law confirms that the Tax Court’s decision is preclusive. Regarding the fourth res judicata element, Ohendalski argues that this refund suit is a distinct cause of action from the claims in the earlier two suits. Dkt. 7 at 2-3. That does not matter for res judicata purposes because federal courts apply a “transactional test” that examines whether the prior and current suits “were based on the same nucleus of operative facts.” Eubanks v. Fed. Deposit Ins. Corp., 977 F.2d 166, 171 (5th Cir. 1992) (quotation omitted). The transactional test can be met even if two suits seek different relief, advance different theories, or assert different rights. See United States v. Davenport, 484 F.3d 321, 326 (5th Cir. 2007). Moreover, “[i]n federal tax litigation one’s total income tax liability for each taxable year constitutes a single, unified cause of action, regardless of the variety of contested issues and points that may bear on the final computation.” Finley v. United States, 612 F.2d 166, 170 (5th Cir. 1980). Both the earlier and current suits involve the same “unified cause of action,” namely, how much income tax Ohendalski owed for 2002, 2003, and 2004. Id. at 170. Ohendalski cannot avoid res judicata simply by characterizing this latest suit as a refund case. Insisting that he is owed a Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 7 of 10
8 refund is merely the inverse of the Government’s position—on which the Government prevailed—that Ohendalski owes taxes for the same three years. Because Ohendalski had ample opportunity to dispute the quantum of taxes owed for those three years both before the Tax Court and in the Government’s prior suit against him, he is barred from doing so again here. Ohendalski’s cited decisions do not open the door to relitigating his tax liabilities because they addressed a different preclusion doctrine: collateral estoppel. Collateral estoppel, or issue preclusion, precludes a party from relitigating questions actually and necessarily decided in a prior suit. See Meador v. Orxy Energy Co., 87 F. Supp. 2d 658, 663 (E.D. Tex. 2000). The relevant doctrine here, however is res judicata, or claim preclusion, which applies not only to claims that were litigated in a prior suit, but also those that could have been raised at that time. See Test Masters Educ. Servs., Inc. v. Singh, 428 F.3d 559, 571 (5th Cir. 2005). The decisions cited by Ohendalski recognize that distinction. In United States v. International Building Co., 345 U.S. 502 (1953), the Supreme Court analyzed stipulated judgments resolving a taxpayer’s liability for three specific tax years. Id. at 504. Because the parties had not litigated the issue of depreciation in their previous cases, the Court held that collateral estoppel did not bar the Commissioner from raising the depreciation issue in a new suit addressing other tax years. Id. at 505-06. Contrast that with the Court’s Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 8 of 10
9 observation about claim preclusion: “Certainly the judgments entered are res judicata of the tax claims for the years 1933, 1938, and 1939” that the previous cases had addressed, “whether or not the basis of the agreements on which they rest reached the merits.” Id. at 506. The Supreme Court noted an analogous distinction in Commissioner of Internal Revenue v. Sunnen, 333 U.S. 591, 599-601 (1948). There, the Court recognized that collateral estoppel does not always preclude a taxpayer from seeking a new determination on a legal issue when the previous and current cases “involve income taxes in different taxable years” or “the relevant facts in the two cases are separable ....” Id. at 599, 601. But again, the Court declared that “a judgment on the merits is res judicata as to any subsequent proceeding involving the same claim and the same tax year.” Id. at 598 (emphasis added). This suit is precisely the type of case that both International Building and Sunnen recognize would be barred because it involves the same tax liabilities for the same years that earlier cases addressed and resolved. Res judicata forbids Ohendalski from attempting to raise yet another challenge to those liabilities. This Court should grant the Government’s motion to dismiss. Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 9 of 10
10 Recommendation For the foregoing reasons, it is RECOMMENDED that the Government’s motion to dismiss (Dkt. 6) be GRANTED, and that Ohendalski’s claims be DISMISSED WITH PREJUDICE. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on January 29, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge n, Texasss.. ___________________________________________ Yvon n nn n nee Y. Ho Uniiiitteed States M M M Magistrate Judge Case 4:25-cv-03316 Document 17 Filed 01/29/26 in TXSD Page 10 of 10
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