John M. and Rita K. Monahan - Page 11

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          bound by that decision.  In sum, conditions (2) and (3) of the              
          Peck requirements are satisfied.                                            
                    b.  The 1991 Interest Issue                                       
               The ultimate issue with respect to the 1991 interest                   
          payments is whether those payments constitute gross income to               
          petitioners.  That issue was not litigated in Monahan I.  Thus,             
          petitioners are not precluded from contesting respondent's                  
          determination that the 1991 interest payments are taxable to                
          petitioners.  Although this Court in Monahan I found that “funds            
          held in Aldergrove were used by and benefited petitioner                    
          personally”, including funds credited to the Aldergrove account             
          on December 26, 1991, see infra sec. II.C.4.c., and command over            
          property or enjoyment of its economic benefits determines the               
          incidence of taxation, see supra sec. II.C.3.a., the Court did              
          not find that all interest payments credited to the Aldergrove              
          account in 1991 are taxable to petitioners.  Certainly, this                
          Court in Monahan I did not decide the 1991 interest issue.  The             
          equitable doctrine of issue preclusion requires that petitioners            
          be given an opportunity to litigate the 1991 interest issue.2               

          2    That may simply be a different way of saying that the                  
          doctrine of claim preclusion does not apply.  In this context,              
          the scope of the issue preclusion analysis blurs the distinction            
          between claim preclusion and issue preclusion.  See McClain v.              
          Apodaca, 793 F.2d 1031, 1033 (9th Cir. 1986) (“The concept of res           
          judicata embraces two doctrines, claim preclusion and issue                 
                                                             (continued...)           






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