- 40 - from the Polymer account $107,000 in 1963, $236,400 in 1964, $3,250 in 1965, $462,941 in 1966, $41,428 in 1968, and $125,000 in 1969. The bankruptcy court found that Chemical Traders checks totaling $115,000 were written to cash in 1966. The bankruptcy court traced $84,941 to petitioner's stock brokerage accounts. The bankruptcy court found Chemical Traders checks totaling $106,500 written to petitioner's personal accounts in 1967. The bankruptcy court was required to and did decide whether fraud was present. It found clear and convincing evidence that petitioner diverted Resyn funds to himself through the Polymer and Chemical Traders accounts. Collateral estoppel precludes petitioner from relitigating that matter. Thus, petitioner may not relitigate the fact that he controlled the Polymer and Chemical Traders bank accounts and that Polymer and Chemical Traders were fictional entities which he created to divert funds to himself from Resyn. Petitioner may contest the extent to which he diverted funds from Resyn to himself, beyond that found by the bankruptcy court. b. Final Prior Judgment The second element for collateral estoppel is met because the bankruptcy court's decision is final. c. Identity of or Privity With Parties The third element for collateral estoppel is met because petitioner is in privity with Resyn. A sole or controlling stockholder can be in privity with his or her closely held corporation. Marin v. Augedahl, 247 U.S.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
Last modified: May 25, 2011