Thomas E. Johnston and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased, et al. - Page 28




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               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 pertinent                 








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