- 11 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011