Ellis E. Neder, Jr. - Page 9

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          If collateral estoppel applies, the judgment in a prior action              
          precludes relitigation in a second action of issues actually                
          litigated and necessary to the outcome of the first action.                 
          Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 (1979); Meier v.           
          Commissioner, 91 T.C. 273, 282 (1988).                                      
               Collateral estoppel applies if:  (1) The issues presented in           
          subsequent litigation are in substance the same as those decided            
          in earlier litigation; (2) there is a final judgment rendered by            
          a court of competent jurisdiction in the earlier litigation; (3)            
          the doctrine is invoked against a party (or their privies) to the           
          prior judgment; (4) the parties actually litigated the issues and           
          the resolution of these issues was essential to the prior                   
          decision; and (5) the controlling facts and applicable legal                
          principles are unchanged from those in the prior litigation.                
          Brotman v. Commissioner, 105 T.C. 141, 148 (1995); Peck v.                  
          Commissioner, 90 T.C. 162, 166-167 (1988), affd. 904 F.2d 525               
          (9th Cir. 1990).  Collateral estoppel does not apply if “special            
          circumstances” are present which give reason to doubt the quality           
          or fairness of procedures followed in prior litigation.  Montana            
          v. United States, 440 U.S. 147, 162 (1979); Meier v.                        
          Commissioner, supra at 291-292.  The parties agree that                     
          requirements (2), (3), and (5) are met.                                     









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