- 14 - 253 (1980), affd. 671 F.2d 67 (2d Cir. 1982). The first of the Peck requirements is satisfied. The second of the Peck requirements is also satisfied. This Court issued an opinion in Campbell I on November 6, 1997, see Campbell v. Commissioner, T.C. Memo. 1997-502; on January 8, 1999, the Court of Appeals for the Eighth Circuit affirmed the Tax Court on this issue and remanded on another issue irrelevant to this case, see Campbell v. Commissioner, 164 F.3d 1140 (8th Cir. 1999); and the U.S. Supreme Court denied a petition for writ of certiorari, see Campbell v. Commissioner, 526 U.S. 1117 (1999). The decision in Campbell I is final. See sec. 7481(a)(3)(B). With respect to the third and fourth of the Peck requirements, the parties do not dispute that petitioner was a party in Campbell I, and a reading of the decisions in Campbell I confirms the issue was actually litigated and was essential to the resolution of the case. See Campbell v. Commissioner, T.C. Memo. 1997-502, affd. on this issue 164 F.3d 1140 (8th Cir. 1999). Consequently, the third and fourth requirements are also satisfied. In deciding whether the fifth Peck requirement is satisfied, we must analyze whether this proceeding involves “the same set of events or documents and the same bundle of legal principles that contributed to the rendering of” Campbell I. Commissioner v.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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