- 8 - with any specific tax liability amount. Instead, it only charged petitioner with receiving specific amounts of income, amounts which petitioner does not dispute. Second, the District Court's order for restitution was based upon the testimony of a Government witness, whose testimony was incidental to the issue of the specific amounts of income received by petitioner. Respondent contends that petitioner's tax liability was not actually litigated and decided, and that the evidence of petitioner's tax liability was only introduced for the purpose of proving that petitioner was required to file Federal income tax returns. Petitioner argues that the District Court determined his income tax liabilities for 1986 through 1988, and that respondent is collaterally estopped from relitigating petitioner's tax liability for those years. In support, petitioner contends that his tax liability was actually determined, actually litigated, and essential to the judgment of the criminal conviction and restitution order. As a result of the District Court's judgment, petitioner contends that his tax liability for 1986 through 1988 is limited to the $36,276 amount ordered by the District Court. "Collateral estoppel and the related doctrine of res judicata have the dual purpose of protecting litigants from the burden of relitigating an identical issue and of promoting judicial economy by preventing unnecessary or redundantPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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