Henry and Esther Misle - Page 24




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            any of the intercompany loan money personally; rather, the money                           
            was borrowed to finance ongoing corporate operations.                                      
                  B.  Collateral Estoppel Argument                                                     
                  Henry and Esther base their collateral estoppel argument                             
            solely on language in the State court journal entry, which stated                          
            in part:                                                                                   
                              4.  To settle and resolve certain conflicts                              
                        which have arisen in regards to the amount payable                             
                        pursuant to the * * * Modified Judgment, the                                   
                        Parties, in open Court, have indicated their                                   
                        agreement to the following:                                                    
                                       *  *  *  *  *  *  *                                             
                                    (b) The note of First Bank (f/k/a                                  
                                          FirsTier Bank), referenced in                                
                                          the “side letter agreement,”                                 
                                          dated March 15, 1990, to which                               
                                          Henry Misle was an                                           
                                          accommodating Party, has been                                
                                          paid by the Defendants, in                                   
                                          full, * * * [Emphasis added].                                
            HJA responds that collateral estoppel cannot be applied against                            
            it because the issue of whether Henry was an accommodation party                           
            was never litigated in the State litigation, and a final and                               
            binding judgment was not entered on the merits with respect to                             
            that issue.                                                                                
                  The doctrine of collateral estoppel applies to Federal                               
            income tax cases.  See United States v. International Bldg. Co.,                           
            345 U.S. 502, 505 (1953); Commissioner v. Sunnen, 333 U.S. 591,                            
            598 (1948).  “Under collateral estoppel, once an issue is                                  
            actually and necessarily determined by a court of competent                                





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