Rodolfo Lizcano - Page 20




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          held that petitioner’s income tax return was selected for audit             
          by computer.                                                                
               Collateral estoppel exists for the “dual purpose of                    
          protecting litigants from the burden of relitigating an identical           
          issue and of promoting judicial economy by preventing unnecessary           
          or redundant litigation.”  Meier v. Commissioner, 91 T.C. 273,              
          282 (1988); see also Montana v. United States, 440 U.S. 147, 153-           
          154 (1979); Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326                
          (1979).  In general, the doctrine of collateral estoppel                    
          forecloses relitigation of issues actually litigated and                    
          necessarily decided in a prior suit.  Parklane Hosiery Co. v.               
          Shore, supra at 326 n.5; Meier v. Commissioner, supra at 282;               
          Peck v. Commissioner, 90 T.C. 162, 166 (1988), affd. 904 F.2d 525           
          (9th Cir. 1990).                                                            
               This Court, expanding upon three factors identified by the             
          Supreme Court in Montana v. United States, supra at 155, has set            
          forth five prerequisites necessary for the application in factual           
          contexts of collateral estoppel:                                            
                    (1) The issue in the second suit must be identical                
               in all respects with the one decided in the first suit.                
                    (2) There must be a final judgment rendered by a                  
               court of competent jurisdiction.                                       
               (3) Collateral estoppel may be invoked against parties and             
          their privies to the prior judgment.                                        
                    (4) The parties must actually have litigated the                  
               issues and the resolution of these issues must have                    
               been essential to the prior decision.                                  
                    (5) The controlling facts and applicable legal                    
               rules must remain unchanged from those in the prior                    







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