- 44 - f. No Special Circumstances The final element of collateral estoppel is present because petitioners do not contend nor do we find that there are special circumstances present that would warrant not applying the normal rules of preclusion. Montana v. United States, supra; Meier v. Commissioner, supra at 291-292. 3. Lack of Mutuality Petitioners point out that there is no mutuality here because respondent would not be collaterally estopped from proceeding against petitioner even if respondent had lost the bankruptcy case. Petitioners contend that collateral estoppel should not apply because there is no mutuality. Gammill v. Commissioner, 62 T.C. at 614-615; Divine v. Commissioner, 59 T.C. 152, 156 (1972), affd. on this issue, revd. and remanded in part 500 F.2d 1041 (2d Cir. 1974). Under the doctrine of mutuality, neither party may use a prior judgment to estop the other unless the judgment binds both parties. Meier v. Commissioner, supra at 283. Other than arguing that mutuality would not apply because the taxpayer here is not the same as that in In re Resyn Corp, 81 USTC par. 9808 (Bankr. D.N.J. 1981) (which we discussed in section B-2-c, above), petitioners made no convincing argument that mutuality would not apply here. Further, mutuality is no longer a requirement for applying collateral estoppel. Parklane Hosiery v. Shore, 439 U.S. 322 (1979); Meier v. Commissioner,Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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