- 10 - number of detailed tests developed by the courts to test the appropriateness of collateral estoppel in essentially factual contexts." Building on the Supreme Court's analysis in Montana, the Court in Peck identified five conditions that must be satisfied for collateral estoppel to apply: First, the issue in the second suit must be identical in all respects with the one decided in the first suit; second, there must be a final judgment rendered by a court of competent jurisdiction; third, collateral estoppel may only be invoked against parties and their privities to the prior judgment; fourth, the parties must have actually litigated the issue and the resolution of these issues must have been essential to the prior decision; and fifth, the controlling facts and applicable legal rules must remain unchanged from those in the prior litigation. Id. at 166-167; see also Commissioner v. Sunnen, 333 U.S. 591, 599-600 (1948); Gammill v. Commissioner, 62 T.C. 607, 613-615 (1974). The parties do not dispute that the judgment of the District Court is a final judgment by a court of competent jurisdiction, that the same parties are involved in the two proceedings, or that controlling facts and applicable legal rules have remained unchanged. The arguments in this case concern whether or not the issue in the two cases is identical, whether the parties actually litigated and decided the issue before the District Court, and whether the District Court's resolution of the issue was essential to its decision.Page: 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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