Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 15




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          decedent’s death, was the “true owner” of the property.                     
          Petitioner avers no other facts that would support the                      
          assignments of error.  Therefore, if petitioner is estopped from            
          claiming that, prior to decedent’s death, decedent had sold or              
          otherwise transferred the property to Ms. Williams, petitioner              
          has raised no factual issue with respect to the assignments of              
          error, and we may resolve those assignments as a matter of law.             
          II.  The Doctrine of Issue Preclusion                                       
               The doctrine of issue preclusion, or collateral estoppel,              
          provides that, 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.”  Montana v. United States, 440 U.S. 147, 153 (1979)            
          (citing Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 n.5                
          (1979)).  Issue preclusion is a judicially created equitable                
          doctrine the purposes of which are to protect parties from                  
          unnecessary and redundant litigation, to conserve judicial                  
          resources, and to foster certainty in and reliance on judicial              
          action.  See, e.g., id. at 153-154; United States v. ITT                    
          Rayonier, Inc.,                                                             
          627 F.2d 996, 1000 (9th Cir. 1980).  In Peck v. Commissioner, 90            
          T.C. 162, 166-167 (1988), affd. 904 F.2d 525 (9th Cir. 1990), we            
          set forth the following five conditions that must be satisfied              






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