- 8 - different cause of action involving a party to the prior litigation.” Montana v. United States, 440 U.S. 147, 153 (citing Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n.5 (1979)). In Peck v. Commissioner, 90 T.C. 162, 166 (1988), affd. 904 F.2d 525 (9th Cir. 1990), we set forth the following prerequisites for application of collateral estoppel involving a factual dispute: (1) The issue in the second suit must be identical in all respects with the one decided in the first suit. * * * (2) There must be a final judgment rendered by a court of competent jurisdiction. * * * (3) Collateral estoppel may be invoked against parties and their privies to the prior judgment. * * * (4) The parties must actually have litigated the issues and the resolution of these issues must have been essential to the prior decision. * * * (5) The controlling facts and applicable legal rules must remain unchanged from those in the prior litigation. * * * [Citations omitted.] A State court holding may form the basis for collateral estoppel in this Court if the use of collateral estoppel is allowed in the State’s courts. See Bertoli v. Commissioner, 103 T.C. 501, 507- 508 (1994). The offensive use of collateral estoppel is permitted in California. See Imen v. Glassford, 247 Cal. Rptr. 514 (1988). We consider here two California proceedings involving petitioners’ family, Magna Carta, and the trust. The first,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011