- 38 - Despite the foregoing, petitioner insists that the bankruptcy court’s conclusion that the 1985 tentative refund was a nonrebate refund has somehow stripped the Court of jurisdiction. Ignoring Hannan v. Commissioner, 52 T.C. 787 (1969), petitioner is essentially asserting that we have no jurisdiction because there is no deficiency. According to petitioner, there is no deficiency because the bankruptcy court’s opinion that the 1985 tentative refund is a nonrebate refund should be extended to the 1981 and 1984 tentative refunds. Petitioner further contends that, under the collateral estoppel doctrine, respondent is precluded from litigating whether the tentative refunds for 1981 and 1984 are nonrebate refunds. We disagree with petitioner: we hold that petitioner may not rely on the doctrine of collateral estoppel to preclude respondent from litigating whether the tentative refunds petitioner was paid are nonrebate refunds. Not only have the technical requirements of collateral estoppel not been satisfied, but–-even if they had been satisfied-–petitioner’s change of position would invoke the “injustice” exception to collateral estoppel. Having concluded that petitioner’s collateral estoppel argument does not preclude us from considering the merits of petitioner’s claim, we also disagree with petitioner that the tentative refunds it applied for and received are nonrebatePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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