Gerald Hickman - Page 14

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          the parties to the suit and their privies are thereafter bound              
          not only as to every matter which was offered and received to               
          sustain or defeat the claim or demand, but as to any other                  
          admissible matter which might have been offered for that purpose.           
          Id. at 597.  But where the second action between the same parties           
          is upon a different cause or demand, the judgment in the prior              
          action has preclusive effect only as to those matters in issue or           
          points controverted, upon the determination of which the finding            
          or verdict was rendered.  Id. at 597-598.                                   
               In Neaderland v. Commissioner, 424 F.2d 639, 641 (2d Cir.              
          1970), affg. 52 T.C. 532 (1969), the court stated: "When a civil            
          trial follows criminal proceedings which were based on the same             
          facts, a different cause of action is involved and the doctrine             
          of collateral estoppel rather than that of res judicata must be             
          considered."  See also Helvering v. Mitchell, 303 U.S. 391                  
          (1938); United States v. Barnette, 10 F.3d 1553, 1561 (11th Cir.            
          1994); Towe v. Commissioner, T.C. Memo. 1992-689.  The doctrine             
          of res judicata is therefore not applicable.  For reasons already           
          explained, it is obvious that ascertaining petitioner's liability           
          for these additions to tax was not essential to the District                
          Court's judgment and the doctrine of collateral estoppel also has           
          no preclusive effect.                                                       
                                                                                     
               A.  Section 6651(a)(1)--Failure To File                                





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