- 7 - ZMDI. Thus, we conclude the Zamzams received constructive dividends, not compensation. Petitioners further contend that respondent is collaterally estopped from contending that the payments to the Zamzams were not compensation. We disagree. On February 28, 1997, the U.S. District Court for the Western District of Virginia at Abingdon, Virginia, held, pursuant to section 7429 (i.e., relating to a jeopardy assessment), that these payments could have been deducted by the corporation as compensation. Collateral estoppel precludes the relitigation of any issue of fact or law that is actually litigated and necessarily determined by a valid and final judgment. See Montana v. United States, 440 U.S. 147, 153 (1979); Wright v. Commissioner, 84 T.C. 636, 639 (1985). The issue before us, however, is the ultimate tax liability, whereas in the section 7429 jeopardy proceeding the issue was the reasonableness of the provisional jeopardy assessment. Because the issues in the deficiency case are not identical to those litigated in the section 7429 proceeding, collateral estoppel is not applicable. See Peck v. Commissioner, 90 T.C. 162, 166-167 (1988), affd. 904 F.2d 525 (9th Cir. 1990). Further, the legislative history of section 7429 states that a trial court’s decision in a section 7429 proceeding “will have no effect upon the determination of the correct tax liability in a subsequentPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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