Gerald Hickman - Page 8

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          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 redundant                     





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