Gerald Hickman - Page 9

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          litigation."  Meier v. Commissioner, 91 T.C. 273, 282 (1988).               
          Issue preclusion, or collateral estoppel, is defined in 1                   
          Restatement, Judgments 2d, section 27 (1982), as follows: "When             
          an issue of fact or law is actually litigated and determined by a           
          valid and final judgment, and the determination is essential to             
          the judgment, the determination is conclusive in a subsequent               
          action between the parties, whether on the same or a different              
          claim."  Collateral estoppel may be applied in civil trials to              
          issues previously determined in a criminal conviction.  Appley v.           
          West, 832 F.2d 1021, 1026 (7th Cir. 1987); Otherson v. Department           
          of Justice, 711 F.2d 267, 271 (D.C. Cir. 1983); Amos v.                     
          Commissioner, 43 T.C. 50 (1964), affd. 360 F.2d 358 (4th Cir.               
          1965).                                                                      
               In Montana v. United States, 440 U.S. 147, 155 (1979), the             
          Supreme Court established a three-prong test for applying                   
          collateral estoppel:  First, whether the issues presented in the            
          subsequent litigation are in substance the same as those issues             
          presented in the first case; second, whether controlling facts or           
          legal principles have changed significantly since the first                 
          judgment; and third, whether other special circumstances warrant            
          an exception to the normal rules of preclusion.  In Peck v.                 
          Commissioner, 90 T.C. 162, 166 (1988), affd. 904 F.2d 525 (9th              
          Cir. 1990), the Court stated that the "three-pronged rubric                 
          provided by the Supreme Court in the Montana case embodies a                





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