- 28 - The facts pertaining to the Shorecliffs transaction are closely intertwined with each other, as are those relating to the SCE partnership. Consequently, to the extent that any of the related matters must be litigated, much of the evidence and argument will of necessity go to the relevant transactions as a whole. Because we are satisfied after review of the record that at least a majority of the above-enumerated points lacks the requisite basis for issue preclusion, it becomes apparent that significant redundancy is unavoidable. Furthermore, cognizant of the rather unconventional nature of the California trial court’s disposition (in the form only of a special verdict and judgment) and the otherwise troublesome state of the record in these cases, we cannot take lightly the principle that “issue preclusion must be applied carefully so that fairness to litigants is not compromised for efficiency and economy.” Monahan v. Commissioner, 109 T.C. 235, 242 (1997); see also United States v. Silliman, 167 F.2d 607, 614 (3d Cir. 1948) (“Such a rule of public policy [collateral estoppel] must be watched in its application lest a blind adherence to it tend to defeat the even firmer established policy of giving every litigant a full and fair day in court.”). Hence, absent a clearer picture of what transpired in State court and in light of the interdependence of many pertinentPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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