- 9 - 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 aPage: 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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