- 24 - 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 competentPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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