- 10 - OPINION Per Capita Distributions Respondent argues that the doctrine of collateral estoppel precludes petitioner from relitigating the issue of whether petitioner’s per capita distributions from the tribe are taxable as ordinary income. Respondent asserts that the legal questions raised in Campbell I with respect to this issue are identical to those raised by petitioner in this case, and the only differences are the years and the amounts of tax due. Respondent contends there has been no change in the controlling facts or the applicable law since the resolution of Campbell I. Petitioner, on the other hand, argues that the primary issues and legal arguments raised in this case differ significantly from those raised in Campbell I. The doctrine of collateral estoppel may be applied in 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 of fact or law is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation.”9 Montana v. United States, 440 9Under the principles of res judicata, on the other hand, “a judgment on the merits in a prior suit bars a second suit (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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